Last Update: 24th October, 2018
This Acceptable Use Policy (AUP) outlines the guidelines and rules governing the utilization of ServerNext’s network of internet resources and services (“Services”). These Services encompass online platforms, websites, applications, and related materials provided by ServerNext (referred to as “we,” “our,” or “ServerNext”) to its customers and users who access these Services through various means such as visiting, purchasing, or registering accounts (collectively referred to as “You,” “Customers,” or “Users”). To ensure the proper and lawful use of our Services, you must adhere to the intended purpose of these Services and the terms established in the applicable agreement with ServerNext, including our Terms of Service (referred to as the “Terms”), which incorporates this AUP by reference.
It’s important to note that the examples provided in this AUP are not exhaustive. ServerNext retains the right to modify this AUP at any time, with updated versions being posted on our Services. Your use of the Services implies your consent to abide by the latest version of this AUP. Any undefined terms in this document are defined in our Terms of Service. By utilizing the Services, you commit to compliance with this AUP, and you are responsible for ensuring that your end users also adhere to these guidelines. Should you violate this AUP or facilitate such violations, including by your end users, ServerNext may suspend or terminate your access to the Services and delete your Account.
Prohibited Use of Services
You may not employ, encourage, endorse, facilitate, or instruct others to employ the Services for illegal, criminal, harmful, fraudulent, infringing, or offensive activities, nor may you transmit, store, display, distribute, or otherwise make available information or content (including User Content) that falls into these categories. The following activities or content are explicitly prohibited:
1. Illegal, Harmful, or Fraudulent Activities
Any actions that are illegal, tortious, infringe upon the rights of others, or have the potential to harm others, our operations, or our reputation. This includes activities such as disseminating child pornography, promoting fraudulent goods or services, running fraudulent schemes or promotions, engaging in phishing, or conducting activities resembling ponzi or pyramid schemes.
2. Infringing Content and Use
Utilizing content that infringes upon or misappropriates the intellectual property or proprietary rights of others, including unauthorized disclosures of private information or unauthorized use of ServerNext’s resources for personal or business purposes without proper authorization. Reselling ServerNext’s products or access to the Services without written permission is expressly prohibited.
3. Offensive Content
Content that is harmful to minors, defamatory, libelous, obscene, abusive, threatening, discriminatory, harassing, invasive of privacy, false, intentionally misleading, patently offensive, or otherwise objectionable. This also includes content that constitutes child pornography, relates to bestiality, depicts non-consensual sexual acts, or promotes racism, bigotry, hatred, religious intolerance, misogyny, or physical harm against any group, individual, or animal.
4. Harmful Content
Content or computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data. This encompasses viruses, Trojan horses, worms, time bombs, or cancelbots.
5. False Content
Submitting content or information that falsely represents your identity or impersonates another person or entity, misrepresenting qualifications, affiliations, or assuming another person’s identity.
No Spam, Email, or Message Abuse
You are required to adhere to our Anti-Spam Policy. You must not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, including spam and commercial advertising. Mail headers must not be altered or obscured, and sender identity may not be assumed without explicit permission. Collecting replies to messages that violate this AUP or the acceptable use policy of other providers is strictly prohibited. The use of our communication tools for marketing unrelated businesses or opportunities is not allowed.
No Security Violations
The Services may not be used to compromise the security or integrity of any network, computer, communication system, software application, or computing device (“System”). Prohibited activities include:
Unauthorized Access: Accessing or using any System without proper authorization, including attempting to probe, scan, or test the vulnerability of a System or breach its security measures.
Interception: Monitoring data or traffic on a System without permission.
Falsification of Origin: Forging TCP-IP packet headers, email headers, or any part of a message that describes its origin or route.
No Network Abuse
You may not establish network connections with users, hosts, or networks without proper authorization. Prohibited activities include:
Monitoring or Crawling: Monitoring or crawling a System in a manner that impairs or disrupts the System.
Denial of Services (DoS): Flooding a target with communication requests to the point where it cannot respond to legitimate traffic or responds too slowly to be effective.
Intentional Interference: Interfering with the proper functioning of any System, including deliberate attempts to overload a system through activities such as mail bombing, news bombing, broadcast attacks, or flooding techniques.
Operation of Certain Network Services: Operating network services like open proxies, open mail relays, or open recursive domain name servers.
Avoiding System Restrictions: Using manual or electronic means to bypass System limitations, such as access and storage restrictions.
Excessive Use: In the event that your activities consume excessive CPU resources without violating other prohibitions, ServerNext reserves the right to limit CPU availability to your instances to maintain consistent performance across all nodes.
Authorized Use
You commit to complying with this AUP, all applicable laws and regulations, including criminal, privacy, intellectual property, export control, tax laws, and industry-specific regulatory requirements. You agree to use the Services professionally.
Our Monitoring and Enforcement
ServerNext retains the right, though it is not obligated, to investigate any violations of this AUP or misuse of the Services. We may:
Investigate violations or misuse of the Services.
Review User Content and, if necessary, remove, disable access to, or modify content or resources that violate this AUP or any other agreement with ServerNext.
Monitor prohibited actions, investigate them, and take appropriate action at our discretion.
In cases of AUP violations or any other actions that may create liability for ServerNext or others, including reputational harm, we may, in addition to the above actions, terminate or suspend your Account, your access to all or part of the Services, or related services, with or without notice. We may also take legal action to enforce our rights or report violations to appropriate law enforcement agencies, regulators, or third parties. Please be aware that we cooperate with law enforcement and report suspicious or illegal activities.
Our cooperation with law enforcement may involve disclosing customer information. We may also collaborate with law enforcement agencies, regulators, or appropriate third parties to assist in investigating and prosecuting illegal conduct by providing information related to alleged AUP violations.
As outlined in our Privacy Policy, we may share and use your information to protect ServerNext’s safety, rights, property, or security; to detect, prevent, or address fraud, security threats, cybercrimes, or technical issues; to prevent or halt activities that ServerNext, at its sole discretion, deems illegal, unethical, or legally actionable; to use as evidence in legal proceedings; to conduct audits; and to enforce this Acceptable Use Policy and our Terms of Service.
It should be noted that ServerNext does not control or endorse the content, messages, or information found within the Services. Therefore, ServerNext expressly disclaims any liability associated with the Services and any actions resulting from your participation in any Service. After the termination of Services, ServerNext is under no obligation to maintain any Content.
Sample List of Prohibited Activities
The Services are intended for lawful communication between you, your end users, and others via the Internet. When using the Services, you agree to post, send, and receive messages and material that is appropriate and relevant to the particular Service. The following are examples, but not an exhaustive list, of prohibited activities:
Using the Service for unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spam, or unsolicited messages (commercial or otherwise).
Defaming, abusing, harassing, stalking, threatening, or violating the legal rights (e.g., privacy and publicity) of others
Disseminating any defamatory, obscene, or otherwise unlawful content, including child pornography or virtual child pornography.
Publishing, posting, uploading, distributing, or disseminating content that incites discrimination, hate, or violence against individuals or groups based on their race, religion, or nationality.
Uploading files, including images, photographs, software, or other materials protected by intellectual property laws (e.g., copyright or trademark laws) without proper authorization.
Using material or information, including images or photographs from the Services, in a manner that infringes on the copyrights, trademarks, patents, trade secrets, or other proprietary rights of any party.
Uploading files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software or programs that may damage another’s property.
Downloading files posted by another user that cannot be legally distributed.
Falsifying or deleting author attributions, legal notices, or proprietary designations in uploaded files.
Restricting or inhibiting other users from using and enjoying the Services.
Violating any code of conduct or other guidelines applicable to a specific Service.
Harvesting or collecting information about others, including email addresses, except as necessary to operate your site and as permitted in your site’s privacy policy (if any).
Violating any applicable laws or regulations.
Creating a false identity with the intent of misleading others.
Hosting TOR exit nodes.
Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise or engaging in activities that violate third-party Terms of Service, which could result in the blocking of ServerNext IP space or ASN.
Utilizing autodialers or other VOIP-based robocalling software.
Conducting DOS/DDOS mitigation as a service using ServerNext services.
Engaging in CPU (Central Processing Unit) or GPU (Graphics Processing Unit) cryptocurrency mining using the Service.
Inappropriately using the Bring Your Own IP feature (BYOIP / BGP) for purposes such as hijacking, parking, or any other use unrelated to a legitimate service or not proportionate to the deployed ServerNext services.
Reporting Violations of this AUP
If you become aware of any violations of this AUP, you are obligated to promptly notify us and provide assistance as requested to halt or address the violation. To report any violations of this AUP, please contact us at abuse[at]servernext.com.