Web Hosting - Acceptable Use Policy (AUP)

This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Cyberhost, Cloud., as well as its subsidiaries and sister companies (“Cyberhost”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Cyberhost. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Cyberhost service(s) or products or to cancel Your Cyberhost service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Cyberhost’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

1. Sharing of Information.

As a condition of purchasing and using hosting plans, You acknowledge and agree that Cyberhost may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletter & marketing communication, and (b) Information Cyberhost gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Cyberhost derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does Cyberhost divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Cyberhost can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed via Whois.

2. User Obligations.

You represent and warrant to Cyberhost that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Cyberhost shall not be used in connection with any illegal activity.

You expressly (i) grant to Cyberhost permission to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Cyberhost under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

3. Network Interruptions.

Cyberhost will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Cyberhost be liable to You for any damages resulting from or related to any failure or delay of Cyberhost in providing access to the Internet under this Agreement. In no event shall Cyberhost be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Cyberhost under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts.

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Cyberhost account may not be transferred without prior written approval from Cyberhost.

5. IP Address.

Cyberhost assigns to You an Internet Protocol ("IP") address in connection with Your use of the Cyberhost services. The right to use that IP address will remain with and belong only to Cyberhost, and You will have no right to use that IP address except as allowed by Cyberhost in its sole and absolute discretion.

6. Payment Terms:

• You may receive a refund if: i) Your Share Hosting - Basic Package CyberPanel, Share Hosting - Starter Package CyberPanel, Share Hosting - Business Package CyberPanel account is cancelled within the initial 30 days after sign-up. Only first-time Share Hosting - Basic Package CyberPanel, Share Hosting - Starter Package CyberPanel, Share Hosting - Business Package CyberPanel accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to any third party product (WHMCS, cPanel, Softaculous, etc.) that is not included into the package and is purchased at additional fee; (ii) Your VPS Magic, VPS Market, or VPS Big Market New Server account is no cancelled after sign-up & Pay.
• Cyberhost may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
• If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. In the event that any amount due Cyberhost remains unpaid on the date when services expire, Cyberhost may immediately terminate this agreement, and/or withhold Services for non-payment. At its sole discretion, Cyberhost may, but is not obligated to, provide a period within thirty(30) days after Your hosting account's billing date for shared hosting accounts to reactivate the service.
• If an account is found to be in violation of the Terms of Service, it will be terminated immediately and all payments forfeited.
• For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous services and or support.
• Backups of new/changed data are made monthly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Cyberhost will attempt to recover the data from the most recent archive for a $15.00.
• Clearance Server Subscription is to be renewed via automatic renewal option with a designated credit card only. Automatic renewal option must be enabled prior to the renewal date. In the event the auto-renew option is disabled, the Subscription will be cancelled on the renewal date and Your server content will be permanently deleted. In the event the auto-renew option is enabled, but the attempt to automatically renew Your Subscription failed as a result of a decline of Your credit card, the Clearance Server Subscription will be suspended and the email notification will be sent to You accordingly. Cyberhost will try to charge Your credit card for an additional 4 days after the billing date, once a day. After five consecutive failed attempts to renew the Clearance Server Subscription, the server will be canceled and Your server content will be permanently deleted. In the event You order any additional services or licences to Your Clearance Server Subscription, Your designated Credit Card will be charged for the prorated amount for the current billing period.

7. Secure Shell ("SSH") Access.

You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

8. Prohibited Activities.

By using any Services, provided by Cyberhost You agree:

• not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
• not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• not to make, attempt or allow any unauthorized access to Cyberhost website, servers, your own hosting account or the account of any other customers of Cyberhost.
• not to allow any remote code execution of malicious software through the hosting account provided by Cyberhost.
• not to cause denial of service attacks, port scans or other endangering and invasive procedures against Cyberhost servers and facilities or the servers and facilities of other network hosts or Internet users.
• not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
• not to use Cyberhost services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
• not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
• not to engage in or to instigate actions that cause harm to Cyberhost or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Cyberhost reserves the right to refuse service to anyone upon Our discretion. Any material that in Cyberhost judgment, is either obscene or threatening is strictly prohibited and will be removed from Cyberhost servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Cyberhost will take corrective action upon our own discretion and will notify You. Cyberhost decision in such case is binding and final, and cannot be a subject of a further change. Cyberhost cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Cyberhost or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Cyberhost will not be liable for any loss or damages in such cases.
• not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, Cyberhost reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. Cyberhost further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

9. Email and Anti-spam Policy.

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Cyberhost. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Cyberhost prohibits the following activities listed without limitation hereunder:

• Usage of the Cyberhost network and systems to receive replies to unsolicited mass e-mail messages.
• Forgery of e-mail headers (i.e."spoofing").
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
• Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising").
• Hosting any web pages or providing any services that support spam.
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
• If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

10. Additional Acceptable Use Policy for VPS accounts:

• Use of Traffic (Bandwidth).
• Your account monthly traffic is limited in accordance with the VPS Type. Additional Traffic can be ordered at $10.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.
• Disc Space Use.
• Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.
• Additional Services.
• The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case Cyberhost will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.
• You can order Additional RAM as extra features to Your VPS account(s). Cyberhost will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Cyberhost will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.
• Additional Limitations.
• Please note that our services are configured with built-in service limitations designed to prevent invasive activities, including but not limited to denial of service attacks and port scans. If triggered, these limitations may result in an enforced service interruption. In no event shall Cyberhost be liable to You for any damages resulting from or related to such interruption.

11. Storage and Security.

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Cyberhost servers; and (iv) ensure the confidentiality of Your password. Cyberhost services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Cyberhost shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Cyberhost are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Cyberhost shall have no liability to You or any other person for Your use of Cyberhost products and/or services in violation of these terms.

12. Transfer of Content.

In the event You terminate this Agreement or Your use of Cyberhost products and/or services, then moving Your server content off of the Cyberhost servers is Your responsibility. Cyberhost will not transfer or FTP Your server content to another provider. In the event Your use of Cyberhost products and/or services is terminated, Cyberhost will not transfer or manage Your services or Your content.

13. Third-Party Software.

Cyberhost provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Cyberhost does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Cyberhost. Your use of any third party software is at Your own risk. Cyberhost cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Cyberhost will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

14. Cyberhost Reservation of Rights.

Cyberhost explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Cyberhost; (ii) establish limits and guidelines concerning the use of Cyberhost services and/or products; (iii) terminate Your use of Cyberhost services and/or products for use of Cyberhost services and/or products to unnecessarily or illegally harass Cyberhost or third parties, non-payment of fees for Cyberhost services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Cyberhost, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Cyberhost determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Cyberhost services and/or products if Your use of Cyberhost services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Cyberhost or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Cyberhost services and/or products at any time and for any reason if deemed reasonably necessary by Cyberhost. Cyberhost has no obligation to monitor Your use of Cyberhost services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. Cyberhost has the right to refuse services to anyone at Our discretion.

15. Limitation of Liability; Waiver and Release.

The services offered by Cyberhost are being provided on an "AS IS" and Cyberhost expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Cyberhost expressly does not warrant that Cyberhost services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Cyberhost shall create any warranty not expressly made herein. You agree that Cyberhost will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Cyberhost; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Cyberhost has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Cyberhost has no obligation to back-up any data related to your website unless Cyberhost expressly agrees otherwise in writing or has expressly stated so on the website.

16. Notices.

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.

17. Legal Age:

You attest that you are of legal age (18 or over) to enter into this Agreement.

18. Final Agreement.

This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Cyberhost’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

19. No Agency Relationship.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

20. Enforceability.

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

21. Assignment and Resale.

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Cyberhost's prior express written consent.

22. Force Majeure.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Cyberhost, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Cyberhost may immediately terminate this Agreement.

23. Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.