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Last Updated: 20 January 2020
Violation of the Acceptable Use Policy (“AUP”) may result in suspension or termination of your (“your”, “you”) services in accordance with the NEXT POINT HOST LTD, trading as “Forex® VPS® UK”(“we”, “us”) Terms of Service.
You may not use “Forex® VPS® UK” services for actions or activities which, at our sole discretion, may be illegal, offensive and abusive or promote and foster such irresponsible behaviour as well as actions contrary to accepted internet norms or behaviour that threatens our infrastructure. This includes but is not limited to:
• Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network; Involvement in fraudulent activities;
• Unauthorised access to systems, networks and data including attempts to identify vulnerabilities in systems and networks without the express permission of the system or network owner;
• Use of an Internet account or computing without the owners’ authorisation;
• Monitoring of data and network traffic without the owners’ authorisation;
• Collection of user information (including financial information) and email addresses without the consent of the person identified (phishing);
• Interference with service to other users of computer systems or networks, including denial of service attacks;
• Use of false or misleading TCP-IP packet header information including but not limited to within emails and newsgroup postings;
• Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abusive if they were carried out by “Forex® VPS® UK”;
• Use of “Forex® VPS® UK” services to distribute software that covertly transmits user information and advertising delivery software (unless said software includes user consent and easy removal using standard established methods);
• Any other misuse of our or other computer systems; and
• Any conduct likely to result in retaliation against “Forex® VPS® UK” services, including engaging in behaviour that results in a denial of service attack.
We prohibit content on “Forex® VPS® UK” services which appear to us, at our sole discretion, to be offensive. This includes but is not limited to the storing or transmitting of any content or links to any content which we believe to be:
• Excessively violent, inciting violence or threatening violence;
• Child pornography or non-consensual sex acts;
• Harassing or inciting hate of any person or group of persons;
• Defamatory;
• Violating the privacy of any person or group of persons;
• Promoting or soliciting illegal activities under any applicable laws;
• Exposing trade secrets, infringing copyright, trademarks or patents or assisting others in doing so;
• Unfair or deceptive under consumer protection laws under any jurisdiction;
• Is illegal or promotes illegal activity under your applicable laws or that of “Forex® VPS® UK”;
• Violates export control laws or relates to illegal arms trafficking or illegal gambling;
• Promotes illegal drugs; and
• Creates a risk to safety, health or national security.
We prohibit all uses of “Forex® VPS® UK” services which appear to us at our sole discretion to involve bulk email or posting of content. This includes but is not limited to:
• Sending of unsolicited bulk/commercial email (spam); and
• Excessive posting on web forums, news groups, chat services or IRC.
In order to send bulk or commercial email using “Forex® VPS® UK” services, you must seek prior approval from “Forex® VPS® UK” which will only be granted if you can demonstrate that:
• All intended recipients have given their express consent to receive such email for example via an opt-in procedure;
• Procedures for express consent from recipients of email must include reasonable steps to ensure the individual/company giving consent is actually the owner of the email receiving email;
• You retain proof of consent for all recipients and are able and willing to produce such evidence to “Forex® VPS® UK” within 5 working days of requests made by “Forex® VPS® UK” to provide proof;
• You retain a clear procedure for any recipient to revoke consent for receiving email and can demonstrate this procedure to “Forex® VPS® UK” upon request;
• You honour all requests to revoke consent for receiving email from recipients within 5 working days of receiving said request and you confirm to the requesting recipient when the removal procedure has been completed;
• You maintain a Privacy Policy clearly linked on the website associated with the emails being transmitted;
• You must maintain an email address for reporting abuse or complaints. This email address must be registered with www.abuse.net;
• Emails received at your registered abuse email address must be responded to within 5 working days of receipt;
• The source of any email sent using “Forex® VPS® UK” services must not be disguised or obscured in any manner;
• These requirements relate to all email transmitted via “Forex® VPS® UK” services or relating to any site or services hosted or using any “Forex® VPS® UK” services; and
• “Forex® VPS® UK” retains the right to test and monitor continued compliance with the above conditions.
“Forex® VPS® UK” may block mail that violates this AUP and your mail services may be suspended or terminated for any violation of this AUP in accordance with the Terms of Service.
We prohibit all uses of “Forex® VPS® UK” services which appear to us, at our sole discretion, to threaten our infrastructure. This includes but is not limited to:
• Usage which imposes excessive load beyond that expected from a typical server. For example, continuous high CPU or I/O use;
• Cloud server configurations with inadequate security, allowing unauthorized third party access; and
• Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.
No credit will be available under the “Forex® VPS® UK” Service Level Agreement for interruptions of service resulting from Authorised Use Policy violations.
You will ensure that all use of “Forex® VPS® UK” services, whether by you or by any of your users, follows the Terms of Service. In addition, you will bind your users to an Acceptable Use Policy containing all of the restrictions above.