This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by OCS Hosting Service. and its affiliates (the “services”) and the website located at www.ordercloudserver.com (the “OCS Hosting Service”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the OCS Hosting Service. By using the Services or accessing the OCS Hosting Service, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the services. Also failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the services.
OCS Hosting Service has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. OCS Hosting Service's general policy is to act as a provider of Internet presence. OCS Hosting Service reserves the rights to suspend or cancel a customer's access to any or all services provided by OCS Hosting Service when we decide that the account has been inappropriately used. In the event of a dispute between you and OCS Hosting Service regarding the interpretation of this AUP, OCS Hosting Service's interpretation, in its reasonable commercial judgment, shall govern.
ILLEGAL, HARMFUL, OR OFFENSIVE USE OR CONTENT
Your usage of our service must consistently meet our Terms of Service. You may not use, or encourage, promote, facilitate or instruct others to use, the Services or OCS Hosting Service Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive.
Prohibited activities or content include:
- Illegal, Harmful or Fraudulent Activities: any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
- Infringing Content: content that infringes or misappropriate the intellectual property or proprietary rights of others.
- Offensive Content: content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to animal abuse, or depicts non-consensual sex acts.
- Harmful Content: content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
NO SECURITY VIOLATIONS
You will not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
OCS Hosting Service customers may not initiate the following (below), if any customer does OCS Hosting Service may terminate the account with no refund. Depending on the situation there will/won't be warnings sent.
a. Use 25% or more of system CPU resources for longer then 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b. Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
c. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
d. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
e. Run any software that interfaces with an IRC (Internet Relay Chat) network.
f. Run any file sharing, bit torrent or other P2P network services, client or server software.
g. Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc.
We may investigate violations of this Policy or misuse of the services or OCS Hosting Service; or remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the services or the OCS Hosting Service.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example our Enterprise Plan comes with 40GB bandwidth which is a huge amount, all of this 40GB can be used. Bandwidth is also reset every month.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Newsgroup, Chat Forums, Other Networks
You do not have to worry about hitting a storage limit if you use our services consistently with the terms of Service and our acceptable usage policy. OCS Hosting Service will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.
You may have noticed some of our hosting plans come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to FAIR USAGE as may be interpreted by OCS Hosting Service.
You may not publish or transmit via OCS Hosting Service's service any content that OCS Hosting Service reasonably believes:
a. constitutes child pornography;
b. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
c. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
d. is defamatory or violates a person's privacy;
e. creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
f. improperly exposes trade secrets or other confidential or proprietary information of another person;
g. is intended to assist others in defeating technical copyright protections;
h. clearly infringes on another person's trade or service mark, patent, or other property right;
i. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
j. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to OCS Hosting Service;
k. is otherwise malicious, fraudulent, or may result in retaliation against OCS Hosting Service by offended viewers;
OCS Hosting Service does not accept material or websites that:
a. is or can be use to distribute malware.
b. is or can be own by a malicious domain.
c. is or can be use to deliver drive-by fake antivirus attacks.
d. is or can be use to deliver attacks using browser exploits.
e. is or can be host any kind of malicious content.
f. or any website or app that has been compromised or abused for malicious purposes or any that Google has classified as malicious.
* OCS Hosting Service will terminate service for any of the above reasons, will not offer any refund and will not be responsible in anyway, for any loss of data.
BULK COMMERCIAL EMAIL
Bulk commercial email, mailing lists and email reflectors are allowed on OCS Hosting Service's servers, we do however allow a maximum of 300 emails per hour per account. For any emails sent from your OCS Hosting Service account you must adhere to the following rules:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You may not obscure the source of your e-mail in any manner.
- You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your OCS Hosting Service service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your OCS Hosting Service service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your OCS Hosting Service's services.
MATERIAL PROTECTED BY COPYRIGHT
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to OCS Hosting Service and its customers) without express authorization of the owner of the system or network;
- monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the OCS Hosting Service network.
- Use of OCS Hosting Service's network in a way that unreasonably interferes with OCS Hosting Service's other customers use of the network
NEWSGROUP, CHAT FORUMS, OTHER NETWORKS
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
You must have valid and current information on file with your domain name registrar for any domain hosted on the OCS Hosting Service network.
OCS Hosting Service is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the OCS Hosting Service network.