Acceptable Use Policy

Switzerland

Violation of the Acceptable Use Policy (“AUP”) may result in suspension or termination of your (“your”, “you”) services in accordance with the CLOUDSIGMA AG, trading as “CloudSigma”(“we”, “us”) Terms of Service.

Abusive Usage

You may not use CloudSigma 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 CloudSigma;
  • Use of CloudSigma 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 CloudSigma services, including engaging in behaviour that results in a denial of service attack.

Offensive Content

We prohibit content on CloudSigma 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 CloudSigma;
  • 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.

Bulk Email & Content

We prohibit all uses of CloudSigma 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 CloudSigma services, you must seek prior approval from CloudSigma 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 CloudSigma within 5 working days of requests made by CloudSigma to provide proof;
  • You retain a clear procedure for any recipient to revoke consent for receiving email and can demonstrate this procedure to CloudSigma 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 CloudSigma services must not be disguised or obscured in any manner;
  • These requirements relate to all email transmitted via CloudSigma services or relating to any site or services hosted or using any CloudSigma services; and
  • CloudSigma retains the right to test and monitor continued compliance with the above conditions.

CloudSigma 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.

Behaviour Posing a Threat to Infrastructure

We prohibit all uses of CloudSigma 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;
  • Virtual server configurations with inadequate security, allowing unauthorized third party access; and
  • Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.

Service Level Agreement

No credit will be available under the CloudSigma Service Level Agreement for interruptions of service resulting from Authorised Use Policy violations.

Compliance for You & Your Users

You will ensure that all use of CloudSigma 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.

Last Updated: 02 May 2012
Copyright CLOUDSIGMA AG, 2012. All rights reserved.

United States

This Acceptable Use Policy (“AUP”) is a description of the type of activity that is not permitted on CloundSigma servers and the type of behavior we expect from you and that you can expect from us.

Violation of the AUP may result in suspension or termination of your (“your”, “you”) services in accordance with the CLOUDSIGMA INCORPORATED, trading as “CloudSigma”(“we”, “us”) Terms of Service.

Abusive Usage

You may not use CloudSigma 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’ authorization;
  • Monitoring of data and network traffic without the owners’ authorization;
  • 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 CloudSigma;
  • Use of CloudSigma 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 CloudSigma services, including engaging in behaviour that results in a denial of service attack.

Offensive Content

We prohibit content on CloudSigma 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 any applicable law;
  • 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.

Bulk Email & Content

We prohibit all uses of CloudSigma services which appear to us at our sole discretion to involve bulk email or excessive 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 CloudSigma services, you must seek prior approval from CloudSigma which will only be granted if you can demonstrate that the sending of which complies with applicable law.

CloudSigma 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.

Behavior Posing a Threat to Infrastructure

We prohibit all uses of CloudSigma 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;
  • Virtual server configurations with inadequate security, allowing unauthorized third party access; and
  • Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.

Service Level Agreement

No credit will be available under the CloudSigma Service Level Agreement for interruptions of service resulting from Acceptable Use Policy violations.

Security

You will take appropriate security precautions including ensuring appropriately complex passwords, keeping your passwords confidential and regularly changing your passwords.

Compliance for You & Your Users

You will ensure that all use of CloudSigma 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.

Cooperation with Investigations and Legal Proceedings

We may monitor any content or traffic belonging to you or to your users for the purposes of ensuring that the Services are being used lawfully. We may intercept or block any content or traffic belonging to you or to your users where Services are being used unlawfully or not in accordance with this AUP and you do not stop or provide us with an acceptable reason within the period of time specified by us in a formal written notice from us.

We may, without notice to you:

  • report to the appropriate authorities any conduct by you that we believe violates any applicable law, and
  • provide any information we have about you, or your users or your traffic and cooperate in response to a formal or informal request from a law enforcement, regulatory or other governmental agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Last Updated: 02 May 2012
Copyright CloudSigma INCORPORATED, 2012. All rights reserved.