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Acceptable Use Policy

Revised 18 May 2016

General

  1. This Acceptable Use Policy (this "Policy") applies to all services provided by CUBECLOUD ("CUBECLOUD", "we", "us" or "our") (the "Services") and forms an integral part of the Terms of Service. In the event of any inconsistency between this Policy and the Terms of Service, the Terms of Service shall prevail.
  2. By using the Services, you agree to comply with this Policy and are responsible for ensuring that your end users comply with it as well. Any violation by your end users shall be deemed a violation by you.
  3. You shall not use the Services in any manner that damages, disables or overloads our services or those of any third party, that interferes with the normal use of the Services by others, or that obtains any data or information by unauthorized means.

Prohibited Conduct

You and your end users shall not use the Services to engage in any of the following:

  1. Operating or promoting illegal contests, lotteries or gambling;
  2. Occupying substantial amounts of bandwidth on a sustained basis over an extended period, or using improperly configured acceleration modules such as FinalSpeed or unofficial BBR;
  3. Running programs that consume large amounts of CPU over extended periods, such as cryptocurrency mining;
  4. Defaming, harassing, stalking or threatening any person, or otherwise infringing the lawful rights of others, including privacy rights and rights in one's likeness;
  5. Publishing, uploading, storing or disseminating defamatory, obscene or otherwise unlawful content, including child pornography in any form;
  6. Publishing, uploading or disseminating content that incites discrimination, hatred or violence on the basis of race, religion, nationality or other such grounds;
  7. Uploading or making available images, software or other materials protected by copyright, trademark rights, privacy rights or rights in one's likeness without the authorization of the rights holder;
  8. Using any material in a manner that infringes the copyright, trademark, patent, trade secret or other proprietary rights of others;
  9. Uploading or disseminating viruses, trojans, worms, logic bombs or other malicious programs;
  10. Downloading files that you know, or should reasonably know, may not be lawfully distributed;
  11. Removing or altering author attributions, copyright notices, legal notices or source identifications contained in any file;
  12. Restricting or interfering with other users' normal use of the Services;
  13. Violating any code of conduct or usage guidelines applicable to a particular Service;
  14. Collecting information about others (including email addresses) without their consent, except in the course of ordinary operations conducted in accordance with the privacy policy published on your website;
  15. Impersonating another person or falsifying an identity in order to mislead others;
  16. Operating a Tor exit node;
  17. Copying, downloading, selling or otherwise making available to others the user directory of the Services or any other user information;
  18. Conducting network probing or port scanning without the express authorization of the target host or network;
  19. Using bots to bulk-purchase goods, or engaging in other conduct that violates the terms of service of a third party or that may result in our IP addresses or network being blocked;
  20. Establishing or providing VPN services (including, without limitation, OpenVPN, PPTP, L2TP, IPsec, WireGuard and Cisco AnyConnect) or proxy services of any kind;
  21. Sending spam or other unsolicited bulk email;
  22. Violating any applicable laws or regulations.

Resource Use

  1. Where the CPU usage of an instance exceeds a reasonable level, we reserve the right to limit its CPU usage in order to safeguard the performance of other users on the same node.
  2. Where bandwidth is a shared resource for a given product, you shall not saturate the allocated rate on a sustained basis. We reserve the right to rate-limit the network port of a virtual machine.

Content and Disclosure of Information

  1. We are under no obligation to monitor the content of the Services, but we reserve the right to review such content and to remove content that violates this Policy at our sole discretion.
  2. In order to comply with laws and regulations, legal process or governmental requirements, we have the right to disclose the relevant information, or to edit, refuse to publish or delete the relevant content.
  3. We do not control or endorse content published by users through the Services, and we assume no liability for such content or for any conduct arising therefrom.

Violations and Enforcement

  1. Serious violations, including without limitation network attacks, unlawful content, spam, fraud, and conduct that causes our IP addresses or network to be blacklisted: we reserve the right, at our discretion, to terminate the Services immediately without prior notice.
  2. Other violations: on a first violation, we will suspend the Services concerned; on a repeat violation, we will terminate the Services.
  3. Upon termination of the Services, your right to use the Services terminates immediately, and all other rights and obligations of the parties shall be governed by the Terms of Service. Fees already paid are non-refundable. We are not responsible for retaining any data following termination.