Naked VPS Fair Use Policy
Naked VPS Fair Use Policy is provided to give Naked VPS customers and users ('The Customer') a clear understanding of what Naked VPS expects of them while using any Naked VPS hosting service.
While Naked VPS is strictly committed to the principles of free speech, certain activities may be damaging to the resources of both Naked VPS and the Internet and cannot be permitted under the guise of free speech. The resources of Naked VPS and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
If you are a customer of Naked VPS and own and operate a website hosted with Naked VPS, it is a condition of the continuance of your hosting service that you agree with and agree to adhere to any and all conditions of this Fair USe Policy.
WHO DOES THE FAIR USE POLICY APPLY TO?
The Fair Use Policy applies to all users and customers of Naked VPS.
WHAT SERVICES ARE COVERED BY THE FAIR USE POLICY?
All hosting services provided by Naked VPS to The Customer. Failure to comply with the Fair Use Policy will be considered a breach of the Fair Use Policy and can lead to the immeditate cancelation of The Customer's hosting service without prior notification. Naked VPS does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed. Failure to comply with the Naked VPS Fair Use Policy will be handled in accordance with the Naked VPS Terms of Service.
WHAT IS THE PURPOSE OF THE FAIR USE POLICY?
The enforcement of Naked VPS Fair USe Policy is designed to:
Ensure reliable service to all of our customers;
Ensure security and privacy of our systems and network, as well as the networks and systems of others;
Comply with existing laws;
Maintain our reputation as a responsible internet hosting provider;
Encourage responsible use of the internet and discourage activities which reduce the usability and value of internet services;
Preserve the value of internet resources as a conduit for free expression and exchange of information;
Preserve the privacy and security of individual users and companies.
HOW WILL NAKED VPS ENFORCE THE FAIR USE POLICY?
Naked VPS Service Monitoring
Naked VPS continuously and routinely monitors activity of hosted VPS accounts for the purposes of measuring system resource utilisation, the preparation of billing as well as to maintain the security of files being transferred to and from our servers. Such monitoring may result in further investigations of a particular hosting service. Naked VPS will respond appropriately if inappropriate use of the service becomes evident.
Reported Violations of Naked VPS Fair Use Policy
Naked VPS requests that anyone who believes that there is a violation of the Naked VPS Fair Use Policy direct the information to the office of Naked VPS via email at firstname.lastname@example.org
When submitting your emailed request, please provide the following details:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone.
Evidence of the alleged violation
(An email with full header information provides all of the above, as do system log files. Other types of situations may need alternative methods of providing the above information)
Naked VPS may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the hosting account in question
Terminate the hosting account in question
Charge the Customer for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
WHAT CONSTITUTES UNACCEPTABLE USE?
Prohibited or Restricted Content
You may NOT use Naked VPS hosting services to:
- Publish content that is deemed to be unlawful, indecent or objectionable. This includes without limitation narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. All pornographic content and sex-related merchandising is prohibited on all Naked VPS services. This includes sites that may infer sexual content or links to adult content elsewhere. Naked VPS reserves the right to be the sole arbiter in determining violations of this provision.
- Publish content that promotes or links to sites that promote any illegal activity or activity that may be damaging to Naked VPS services or any other service on the Internet. Examples of unacceptable content or links without limitation are pirated software, programs or archives that provide the functionality to gain unauthorised access to other systems or networks of any kind, files or web pages that contain viruses, trojans, malware or other applications designed to access a user’s equipment or information with illegal intentions and/or without the knowledge of the user; content that promotes activities of a violent, destructive or terrorist nature.
- Publish or transmit content that results in, or could result in, damage to property or injury to any person or that infringes on any person’s rights or constitutes harassment or a misuse of any person’s confidential information.
- Collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Publish content that enables a minor to access material inappropriate for a minor or to establish or try to establish contact with a minor not otherwise known to you.
- Publish or transmit any material (by email, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
- Store or publish content or applications that affect the ability of other people or systems to use Naked VPS services or the internet. This includes “denial of service” (DOS) attacks against other network hosts or individual users.
- Gain unauthorised access to and/or use of another company and/or individual’s computer system or network.
- Engage in any misleading or deceptive business or marketing practice or that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities.
- Unsolicited Email Advertising (SPAM) – Naked VPS strictly prohibits the use of its services for the purpose of sending of unsolicited, unwanted or inappropriate messages via email. This includes the sending of email to mailing lists that contain email addresses obtained without the knowledge or consent of the recipient as well as email addresses that have been requested to be removed from any lists by the recipient.
REVISIONS TO THE NAKED VPS FAIR USE POLICY
Naked VPS reserves the right to revise, amend, or modify the Fair Use Policy without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions. Continued use of the of Naked VPS service shall be deemed to be your acceptance of any such modification to our Fair Use Policy.
Naked VPS Fair Use Policy shall be governed by and construed in accordance with the laws of the State of NSW, Australia without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
In the event that any portion of the Fair Use Policy is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Naked VPS failure to insist upon or enforce strict adherence to any portion of the Naked VPS Fair Use Policy shall not be construed as a waiver of any provision or right; Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.