ServLogi ACCEPTABLE USE POLICY (“AUP”)
This AUP governs the use of all the hosting services, hosting solutions, cloud services, and other offerings (the “Services”) made available by ServLogi (ServLogi) and its suppliers and affiliates. This AUP is an integral part of your agreement with ServLogi and is incorporated by reference into the terms pursuant to which ServLogi provides you the right to access or use the Services. Access to or use of the Services constitutes your acceptance of this AUP. ServLogi reserves the right to alter this AUP at any time and such modifications shall become immediately effective upon posting the modified AUP or by notification to you of the modified AUP.
General Statement:
The purpose of this AUP is to set forth guidelines for the expected conduct of users of the Services and the types of actions and content that are contrary to ServLogi's mission and philosophies. This AUP is intended to protect the Services, employees and customers of ServLogi, and end users from improper, inappropriate, abusive or illegal activity. ServLogi may suspend or terminate your right to access and use the Services if, in its sole determination, it believes you have violated this AUP.
Responsibilities and Prohibited Use:
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 ServLogi'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 ServLogi to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:
1. 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.
2. The unauthorized access, monitoring, collection, or use of data, systems or networks.
3.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.
4. 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.
A) Prohibited Content: ServLogi does not permit any Customer to use ServLogi’s Services for illegal activities, and Customer warrants that it will not conduct, participate in, allow, or facilitate any prohibited activity. Customer agrees not to post, provide, embed, link, or otherwise make available any Customer Content (as defined ServLogi’s Copyright Policy) that:
i. infringes on any third party’s intellectual property or publicity/privacy rights;
ii. violates any applicable law or regulation;
iii. involves deceptive or fraudulent activities;
iv. is defamatory, violent, clearly harmful, or obscene or infringes on citizens’ rights;
v. contains any viruses, worms, Trojan horses, time bombs, cancel bots, port scanning, stress testing, IP spoofing, Phishing, or other computer programming routines that are intended to
vi. damage or interfere with any system, data, or personal information;
vii. attempts to harm ServLogi’s servers or other servers in any way (Attacks, CPU intensive programs for no reason, etc);
viii. involves spamming, mailservers, or mass marketing of any kind, or any type of investment/lottery sites;
ix. involves brute force and other vulnerability-checking programs, even if for security purpose;
x. involves traffic exchange / relay websites or Services, including autosurf sites, TOR nodes, open public proxies, and topsites list;
xi. involves mass public file storage of any kind (image hosting site, video hosting site, torrents, etc);
xii. involves high CPU/Bandwidth usage, I/O usage, and network usage, or in any other way disrupting the performance of other customers;
xiii. involves constantly receiving attacks on Customer’s Services or failure to secure Services properly; or
xiv. involves crawling/scraping, loading excessive number of websites, or running web macro plugins/scripts.
xv. involves running a program/script that is designed to use maximum CPU (such as cryptocurrency miners) and not a general fixed amount equal or lesser to the processing power assigned to your service.
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.
ServLogi's Rights:
ServLogi reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with ServLogi in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. ServLogi 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 ServLogi believes is responsible for such violation. ServLogi may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit ServLogi's rights and remedies at law or in equity that may be available.
Consequences of Violations of this AUP:
If ServLogi, in its sole discretion, reasonably believes you or your User violated this AUP, ServLogi may suspend your Services without prior notice, terminate your agreement with ServLogi, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy ServLogi may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.
Disclaimer:
ServLogi is under no duty to monitor user’s activities, and ServLogi disclaims any responsibility for any User’s misuse of the Services. ServLogi 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 ServLogi becomes aware that any such material violates this AUP and/or exposes ServLogi to civil or criminal liability, ServLogi may, but is not required to, block access to such material. Unless otherwise stated in this AUP, ServLogi disclaims any obligation to any person who has not entered into an agreement with ServLogi for use of the Services.
Notification of Violations:
If you become aware of any violation of this AUP by anyone, including your Users, you must immediately notify ServLogi by emailing us at "[email protected]".
