Introduction
This Acceptable Use Policy (AUP) governs your use of the Services and is incorporated by reference into MCloud9’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. MCloud9 may modify this AUP at any time without notice.
The Services provided by MCloud9 may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. MCloud9 reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in MCloud9’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose MCloud9 to criminal or civil liability.
Prohibited Uses
Infringement of Intellectual Property Rights
Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email [email protected] For copyright infringement claims, MCloud9 follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures.
Using a hosting account as a backup/storage device
You may not use a shared hosting account as a backup/storage device. Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. All backup files are removed from the server weekly, without any notification. You are not allowed to use the hosting space to store backups.
Unacceptable Material
Zero Tolerance Adult Content Policy
MCloud9 has a zero tolerance policy in effect for adult content. We do not allow any content considered “adult material” on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in MCloud9’s sole discretion. Violators of this policy will be immediately terminated without a refund. Additional prohibited content is outlined below:
Unacceptable material on our servers include without limitation:
- Topsites
- Any website related to the sale or promotion of Cannabis or CBD products is prohibited unless explicitly permitted under applicable local laws and regulations and approved by MCloud9 in writing.
- IRC Scripts/Bots
- IRCD (irc servers)
- Proxy Scripts/Anonymizers
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
- Bitcoin Miners
- PayDay Loan Sites (including any website related to PayDay loans, PayDay loan affiliate progams, etc)
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
Child Pornography Prohibited
Content that is potentially harmful to minors, as determined in MCloud9’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
Other Prohibited Content
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Unacceptable Resource Usage
You may not:
- Use 25% or more of our system resources for longer than 90 seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron jobs with intervals of less than 15 minutes.
- Run any MySQL queries longer than 30 seconds. MySQL tables should be indexed appropriately.
- Include the local file rather than the URL when using PHP, include functions for including a local file. Instead of including “http://yourdomain.com/include.php”), use “include.php”.
- Force html to handle server-side code (like php and shtml) to help reduce usage.
Bulk Commercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on MCloud9’s servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your MCloud9 account you must adhere to the following rules:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You may not obscure the source of your e-mail in any manner.
- You otherwise comply with the U.S. CAN-SPAM Act, the EU General Data Protection Regulation (GDPR), Canada’s Anti-Spam Legislation (CASL).
These policies apply to messages sent using your MCloud9 service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a website hosted via your MCloud9 service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
MCloud9 reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
MCloud9 reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
MCloud9’s Rights
MCloud9 reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with MCloud9 in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. MCloud9 further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that MCloud9 believes is responsible for such violation. MCloud9 may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit MCloud9’s rights and remedies at law or in equity that may be available.
Disclaimer
MCloud9 is under no duty to monitor user’s activities, and MCloud9 disclaims any responsibility for any User’s misuse of the Services. MCloud9 has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that MCloud9 becomes aware that any such material violates this AUP and/or exposes MCloud9 to civil or criminal liability, MCloud9 may, but is not required to, block access to such material. Unless otherwise stated in this AUP, MCloud9 disclaims any obligation to any person who has not entered into an agreement with MCloud9 for use of the Services.
AUP Violations
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
If you feel you have discovered a violation of our AUP please report it to: [email protected]
Read our Terms of Service and Privacy Policy.
For self-help tutorials: view our knowledgebase.
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