We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our polices regarding activities that may be harmful to our Customers or compromise the efficiency of our shared hosting environment.
We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business. To meet the changing needs of our Customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site periodically.
Our services may only be used to engage in lawful activities. Examples of unlawful activities that are prohibited by this AUP include, but are not limited to:
1. Child Pornography. We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. Prohibited activities include possession, manufacturing and distribution of child pornography, online enticement of children for sexual acts, child prostitution, and child sex tourism.
When we become aware of the presence of child pornography that is on or being transmitted through our network, the associated Web site will be suspended and reported to law enforcement agencies as required by law.
2. Online Gambling. You may not use our services to engage in the online making, receiving, recording or forwarding of bets or offers to bet. You may not link to sites that engage in such activities.
3. U.S. Export and Import Laws. Customers may not use our services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that are legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use our services to aid individuals with whom U.S. citizens may not do business.
4. Electronic Crimes and Security. We take the security of our network, facilities and our Customers seriously. Customers are prohibited from engaging in the activities set out below and any other activities that create a security risk for us and our Customers.
(i). Illegal or Unauthorized Access to Other Computers or Computer Networks. VLD Interactive prohibits attempts to access, monitor or disrupt another's account, computer, computer network, or security measures. In addition, any activity that may be seen as precursor to an attempted system penetration (for example: port scan, stealth scan, or other information gathering or monitoring activity) is forbidden.
Customers are also prohibited from attempting to circumvent security in order to obtain access to services on VLD Interactive servers that are not provided in your account. Customers cannot scan our network or other networks with the intent to breach and/or evaluate security vulnerabilities. It will be considered a violation of this AUP for you to attempt to breach or to breach the security or firewall systems of , its Internet access provider, or any affiliates. If you become aware of such an attempt to breach or actual breach, please notify using the contact information listed above.
We reserve the right to engage in the activities set out in this paragraph in order to improve the security of our services and investigate security breaches.
(ii). Engaging in Destructive Activities. Customers may not engage in the act of sending or distributing malicious code or information regarding the creation of Internet viruses, worms, Trojan Horses, mail bombing or denial of service attacks. "Destructive Activities" includes, but is not limited to, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other activity that may be deemed harmful and that may result in a denial of service against any computer or computer network. Intruding into a VLD Interactive's network to alter, access, steal, disable or destroy data, including personal, financial, proprietary, or to use the services of the host computers is also prohibited. This prohibition extends to activities that disrupt the use of, or interfere with the ability of, others to use a computer network and any connected network, system, service, or equipment. These types of activities are not only harmful to the shared hosting environment but also slow and cause damage to the entire Internet.
5. Other Illegal Activities. Customers are not allowed to engage in activities that are deemed illegal by VLD Interactive. These activities include advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, or other scams; offering to sell or selling licensed pharmaceuticals or drugs without a lawful prescription; money laundering; terrorist activities; fraudulently charging or collecting credit card information; pirating software; or engaging in any other unlawful or fraudulent activities.
All material on our network and servers must comply with United States laws. In addition, all material placed on our network and servers by our Customers must be legal in the Customer's own jurisdiction.
No Customer shall use VLD Interactive's services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed.
Customers may not engage in activities that infringe or misappropriate the intellectual property rights of others. This includes, but is not limited to, infringing copyrights, trademarks, service marks, trade secrets, software or patents held by other individuals, corporations or entities. VLD Interactive will cancel the account of any Customer who knowingly infringes intellectual property laws.
Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's Web site within your own without permission and using another's trademarks without their permission to promote competing goods or services.
The Digital Millennium Copyright Act (DMCA). If you believe your copyright interests have been infringed, and Customers who receive DMCA notices from us, are encouraged to become familiar with the provisions of the DMCA by going to this link: http://www.copyright.gov/legislation/hr2281.pdf.
1. Copyright infringement. To report an infringement, copyright holders must send "proper notice" to our General Counsel. It is the copyright holder's obligation to draft its notice in a way that makes the claim easy to and identifies the source of the complaint.
"Proper notice" contains the following:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
b. Actual identification of the material you claim violates your copyright, or if there is more than one violation, a representative list.
c. Sufficient information to enable us to locate the material you claim infringes your copyright. Please include the URL, rather than a description of the content.
d. Information that enables us to contact you. Anonymous DMCA complaints will not be honored.
e. The following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
f. The following statement: "Under the penalty of perjury I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed."
Pursuant to the DMCA, we have designated our General Counsel as our agent for receipt of DMCA notices. All DMCA notices must be sent to the General Counsel. We have no obligation to review DMCA notices not directed to our General Counsel, to respond to DMCA complaints that do not comply with the DMCA, or which are characterized as DMCA complaints, but make other allegations.
In the event that removes or disables access to material claimed to be a copyright infringement, VLD Interactive may (but is not required to) attempt to contact the Customer who has posted such material in order to give that Customer an opportunity to respond to the notification. Any and all counter notifications submitted by the Customer will be furnished to the complaining party. VLD Interactive will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before VLD Interactive replaces or restores access to any material as a result of any counter notification.
2. Trademark Infringement. We consider a Trademark Infringement to be any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to confusion between a Customer's use and the use by the holder of a valid trade or service mark.
We evaluate allegations of trademark infringement upon receipt of "proper notice." Proper notice consists of:
a. Identification of any URL that allegedly infringing protected material;
b. A verifiable statement of ownership;
c. A statement that you believe the disputed use is not authorized by the trademark owner or by law;
d. Information that enables us to contact you; and
e. A physical or electronic signature of the trademark owner, or person authorized to act on behalf of the owner.
It is our policy to terminate the services of Customers for whom we have received multiple proper notices alleging infringement of the same or similar copyrights.
3. VLD Interactive Copyrighted Material. It is also our policy to protect its own intellectual property rights. The use of content or marks found on our Web site, or use of the name "VLD Interactive," without the prior written consent of VLD Interactive, is prohibited. Any infringement of 's intellectual property rights will result in immediate termination by of the infringing 's contract.
We do, however, want to provide our Customers with the information and access they need to create a successful online presence and will permit fair use of our trademarks when it is possible and appropriate.
Any questions about what constitutes fair use versus infringement should be directed to our General Counsel.
Customers must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or VLD Interactive services by others. Disruptive activities include, but are not limited to:
1. Spamming - Because spam can impair our ability to deliver quality services, Customers are prohibited from sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act ("SPAM") of 2003. It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary.
To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm.
It is our policy to cancel accounts that experience a pattern or history of sending e-mail that is the subject of legitimate SPAM complaints from third-parties. We investigate all complaints and take the appropriate action given the circumstances and history of non-compliance.
It is a violation of this AUP to commission a third party to send e-mail that is in violation of it, even if that third-party does not use VLD Interactive systems, networks or resources.
E-mail not in compliance with this AUP - regardless of source - which contains any reference to a Web site hosted by us or contains any reference, link, to a network or system of VLD Interactive is prohibited. VLD Interactive reserves the right to cancel or suspend your account, at our sole discretion and without notice, for situations involving SPAM violations.
2. Offensive Communication - harassment, defamation, libel and hate speech - Customers are prohibited from using our services to engage in activities that may be considered harassing, defamatory, libelous or malicious. Whether a particular activity is within scope of this prohibition is solely within our discretion.
We generally consider harassing activity - or harassment - to be the act, or intention, of intimidating, threatening or otherwise tormenting others using our services. Harassment can result from the language used, or the frequency or size of a message. Hate speech or literature includes, but is not limited to, anything that prejudices, creates a hostile bias or grossly defames a group.
1. Unauthorized Reselling or Providing Access to Account Services. Customers cannot resell or provide access to e-mail services, tools or access codes/passwords that are not being used to maintain a Customers account. Nor can Customers sell or give any type of script installed on VLD Interactive's servers.
2. Exploits. Customers may not use programs on their Web site, such as CGI, Perl, PHP, etc, which intentionally or unintentionally allow third-parties to utilize your scripts in a manner that violates this AUP.
Common script exploitations include security breaches that third-party use to access your Web site files or directories, spam that third-party use to send e-mail that is not in compliance with the CAN-SPAM act. Please be aware, these exploitations can happen when Customers introduce new scripts, or modify the scripts that we provide.
Customers must immediately modify or deactivate offending scripts. We reserve the right to temporarily suspend your account, modify or deactivate offending scripts, or take other action we deem necessary to address or prevent violations of this AUP.
3. Other Activities or Information. Customers are prohibited from taking part in any activity or information, lawful or unlawful, that could be considered harmful, offensive or controversial for VLD Interactive, its Customers or third-parties. When evaluating an AUP violation, we consider whether we could reasonably foresee our Customers, operations, reputation, goodwill or general Customer relations being negatively impacted by the activity or information.
4. Requests for information about you and your use of our services. We have an obligation and a duty to respond to subpoenas and other legitimate requests for information about your account and your use of our services. You should not assume that any information will remain confidential.
1. In General. When we become aware of a violation of our AUP, it is at our sole discretion to respond in the manner we believe to be appropriate for stopping the offending activity, including but not limited to, removing or blocking access to material, shutting down a Web site, blocking offending transmissions, deleting an account and all associated information and files.
No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.
2. Presenting Complaints and Notice. We reserve the right to use our best judgment to determine who bears the burden of proof for alleged AUP violations. We also reserve the right to take any and all action that we deem appropriate And bear no responsibility for verifying/investigating complaints and responses.