This Acceptable Use Policy (“Policy”) supplements the Terms of Service Agreement (“Agreement”) under which cloudamo.com (“We” or “Us” or “Our”) provides you with web hosting and related services (“Services”).
All terms not defined herein shall have the meaning assigned to such terms in the Agreement.
If you use the Services, it means that you have accepted the terms of this Policy from the moment you start using the Services. You are solely responsible for all acts and omissions occurring during or relating to your use of the Services. You agree not to make any unacceptable use of the Services described in the Policy.
If you use the Services, it means that you grant permission to use your name and logo in materials on our Site, as well as in presentations and similar materials, for the sole purpose of highlighting the fact of cooperation between you and us. This provision does not apply if you declare in writing that it is unacceptable to You by sending a request to the e-mail address [email protected]. The condition does not spread from the moment of the request (if sent on the first day of the provision of the Services) or 14 days from the date of such request (if sent after the first day of the condition of the Services).
We reserve the right to change this Policy at any time. We’d like to ask you to periodically (but not less than once a month) review the materials on our Website to identify and study updates to the Policy or the Agreement. Any changes become effective and binding on You on the date specified in the such update. If no date is specified, the changes become effective immediately upon posting on the Website, and your use of the Services after such changes confirms your acceptance of the updated terms of the Acceptable Use Policy, and other policies and regulations. If you do not agree to accept the revised Acceptable Use Policy, please do not use or stop using the Website or Services.
If you are unsure whether your actions constitute abuse, violation, or misuse, please send your question to [email protected].
A. What kind of use of the Services or activities using the Services are prohibited?
1. Dissemination of any information, photo, or video materials that encourage, propagandize, directly or indirectly call for war, military actions, justify war and/or military actions or any encroachment on states' territorial integrity and sovereignty.
2. Distribution of sexual or erotic materials that depict people under the age of eighteen (18) or in such a way as to suggest that they are under the age of eighteen (18), as well as other forms of sexual or erotic materials that are prohibited by applicable law (by the law of every and all states in whose territory the said materials are available). You shall comply with the provisions of title 18 of the U.S. Code § 2257 and other similar laws to certify that all persons in the materials you post are over the age of 18, even if you are not subject to United States jurisdiction.
3. Dissemination of any information that encourages, propagandizes, incites national, racial, or religious hatred, all types of chauvinism, as well as information that constitutes incitement, appeal, justification, or encouragement of any discrimination, hostility, violence, cruelty to animals or destruction, property damage.
4. Posting materials that contain information that depicts incest, snuff, excrement, or excretion of human body waste on another person, depicts or is associated with mutilation, rape, or zoophilia.
5. Distribution or provision of access to materials (content, software, torrent trackers, online cinemas, etc.) in violation of the intellectual property rights of any person, including, but not limited to, violation of copyright, related rights, trademark rights, patent rights, and trade secrets. You shall comply with the Digital Millennium Copyright Act (“DMCA”) requirements, outlined in title 17 of the U.S. Code § 512, even if you are not subject to United States law.
6. Distribution or promotion of information, materials, goods, or services violating a third party's trademark (logo, name, title) rights.
7. Sending messages to unsolicited mail, including sending “spam” or other promotional materials to persons who do not directly request such materials, who have not previously been your customers, or with whom you have no business relationship (for example, sending “spam” to email); or distributing, advertising or promoting software or services whose primary purpose is to encourage or facilitate the operation of unsolicited commercial email or spam, as well as mailing or advertising with elements that may be considered obscene, offensive, harassing, threatening.
8. Distribution of malware, codecs, and other similar software.
9. Implementation of actions aimed at seizing control (escalation of rights) over a remote/local computer system, or destabilizing it, or denial of service, or for similar purposes.
10. Illegal obtaining of personal information and hacking attempts (phishing, fraud, etc.).
11. Causing damage to other users of the Services or our Services Website or us.
12. Fraud and activities that require obtaining prior permits or licenses without such permits or licenses.
13. Collection, processing, publication, or dissemination of information violating privacy rights and obligations to maintain confidentiality or protect personal data.
14. Trafficking or promoting the use of drugs or other illegal substances, including publishing or distributing instructions for its manufacture.
15. Creation and distribution of scripts and/or software for automatic account creation and automated reporting.
16. Dissemination of false or distorted information, including disinformation campaigns, as well as offensive and similar information.
17. Distribution of information about suicide and self-harm intended to shock or engage in such activities, as well as dissemination of materials that encourage dangerous or illegal activities.
18. Human trafficking, trade in organs or human biological materials for donation.
19. Threats of bodily harm or other types of threats.
20. Promotion and distribution of prohibited or restricted services or goods, including, but not limited to, illegally obtained financial information, explosives/weapons, endangered species, prescription pharmaceuticals, counterfeit documents or money, etc.
21. Forgery of signatures or other identifiers of any person, as well as participation in activities aimed at deceiving others about the user’s identity.
22. Resale of the Services without our prior written consent.
23. Fraud and implementation of deceptive marketing techniques and activities that require obtaining prior authorizations or licenses without such authorizations or licenses.
24. Posting materials that promote terrorism, or any ethnic, social or religious controversy.
25. Actions intended to abuse, restrict or interfere with the actions of another person using the Services - whether our client or a client of a third party - including by generating excessive network traffic through the use of automated or manual functions that are not related to the usual, personal or business use of the Services.
Abuse includes any use of the Services that interferes with the normal use of the Services by others. Examples of system abuse include running an excessive number of processes or consuming excessive CPU time, memory, or disk space.
26. Introduction malware into the Services, including our computer networks (for example, viruses, Trojan horses, and worms).
27. Causing or attempting to cause security breaches or interruptions in Internet communications. Examples of security breaches include but are not limited to, gaining access to data for which you are not the intended recipient or logging into a server or account that you do not have access to. Examples of breaches include but are not limited to, port scanning, query flooding, packet forgery, and routing information spoofing.
28. Performing any form of network monitoring that will intercept data not intended for you.
29. Bypassing user authentication or security of any host, network, or account.
30. Interfering with or denial of service to your own websites (for example, a denial-of-service attack).
31. Using any program/script/command or sending messages designed to interfere with or disable another person's dialog session.
32. Failure to comply with our policies or procedures related to customer activity when using the Services.
33. Providing false or incorrect data (electronic or paper), including fraudulent use of credit card numbers, or attempting to circumvent or alter the processes or procedures for measuring time, bandwidth usage, or other methods we may use to record “usage” of the Services.
34. Causing concerns through the use of a particular language, sending frequency or message size.
35. Unauthorized use or forgery of message header information.
36. Soliciting a mailing address or any other email address other than an advertising account or services for the purpose of stalking or collecting responses.
37. Creating or forwarding “chain letters” and any other type of “pyramid schemes”.
38. Use of unsolicited email generated as part of use of the Services or networks of other Internet service providers on our behalf or for advertising any services we host or enable through the Services.
39. Exporting, re-exporting, or allowing the download of any content in violation of applicable export-import laws or without all necessary approvals or licenses.
40. The presence of the following programs or actions related to them, regardless of whether the actual intrusion leads to damage or loss of data: a server alert message or any message sent on an injection basis to any directly or indirectly connected network; attempt to bypass any user authentication or host, network or account security system; access to data not intended for the user; studying the security level of another network; creation of multiple processes; port scanning, query flooding, packet forgery, routing information spoofing; denial-of-service attacks, traffic sniffers, flooding, spoofing, ping attacks, smurf attacks, WinNuke attacks, land and teardrop attacks, virus propagation, as well as IRC bots such as egg-drop or BitchX.
41. Use of false or incomplete information in the WhoIs service records for any of your domain names.
42. Carrying out any other illegal activity or violating any applicable law, the rights of third parties in the territory of any country where you operate, or your materials are available. You are responsible for determining which laws and regulations apply to the materials you use. You may not use the Services in any way that could be considered an offense under the applicable law.
The prohibited purposes and actions list may be supplemented or changed at any time at our discretion. If you notice that persons using the DanescoNames Services are engaged in the above-prohibited activities or are violating the applicable law of a particular jurisdiction, please let us know.
You shall comply with the requirements of the EU Directive 2009/58/EC (“EC Cookies Law”), even if you are not subject to European Union Law. You must also provide clear and complete information about the purposes of storing and accessing the cookies and related technologies you use and obtain appropriate consent as required by the EU Cookies Law.
You may not disable, circumvent, or otherwise interfere with the security of the Services or features that prevent or restrict the use or copying of any content or impose restrictions on the use of the Services. Using the Services for the purpose of violation of their security or using the Services on any other site is prohibited. It is prohibited to use or distribute tools designed to violate the level of security, as well as tools containing viruses or trojans. Examples of such tools are password-cracking software, hacking tools, or network probing tools.
If you are involved in a security breach, we reserve the right to share any relevant information involved in such breach with system administrators at other sites in order to assist them in resolving incidents. We also fully cooperate with law enforcement in the search for suspected offenders.
Even if you are not subject to the laws of the United States, you shall comply with the CAN-SPAM Act of 2003 and other laws and regulations that apply to mass or commercial mailing. In addition, you shall obtain our prior consent for any mass mailing, which will not be carried out unless you are able to demonstrate to our full satisfaction all of the following:
- Your intended recipients have given their consent to receive the mailing through certain permitted means, such as subscribing to mailing.
- Your consent procedures include appropriate means to ensure that a person giving consent is the owner of the consented email.
- You retain the recipient’s evidence of consent in a form that can be promptly generated upon request, and you shall comply with our requests to generate evidence of consent within 72 hours of receipt of such request.
- You have procedures in place that allow the recipient to withdraw their consent easily, such as a link in the body of an email or instructions to reply with the word "delete" in the email's subject line. Revocation of consent shall be satisfied within 72 hours. You shall notify recipients that the revocation of consent will be made within 72 hours.
- You shall post a complaint email address (e.g., [email protected]) in a prominent place on any website linked to the email and register that address with abuse.net. You shall also promptly respond to messages sent to this address.
- You shall have a privacy policy created for each domain associated with the mailing.
- You shall have the means of tracking anonymous complaints.
- You shall not disguise the source of your mailings. Your mailing shall include the recipients' email addresses in the body of the message or the "To" line of the e-mail.
This policy applies to messages sent through the Services, messages sent over any network by you or any person on your behalf that directly or indirectly relate to a recipient on a website or an email address hosted through the Services. In addition, you may not use third party mailing services that do not provide the same procedures for all customers. We reserve the right to verify and examine your compliance with our requirements and may block the transmission of email messages that violate these provisions
You shall not use the Services to send emails from other sites or services that are not hosted by us. You shall not use the Services to send mail advertisements to other sites related to your website hosted by us.
Misused Resources
Upon notification of the existence of a misused resource (such as an open and unlimited upload or download), you shall immediately take all necessary measures to avoid further unauthorized use of such a resource. Any unauthorized use of an open resource that occurs after you have received such notice shall be considered a violation of this policy.
Enforcement
We may immediately suspend and/or terminate your use of the Services in case of violating any provision of this policy upon our oral or written notice. Prior to suspension or termination of the Services, we may cooperate with you to try to remedy violations of this policy and ensure that the situation shall not reoccur; however, at our sole discretion, we reserve the right to suspend or terminate your use of the Services upon first misconduct.
Confidentiality, Privacy, and Control
We make no guarantees of confidentiality or privacy of any information transmitted or stored on the Services, and we do not guarantee that any other person or group of users will be included or excluded from the Services. In addition, we may periodically monitor transmissions on the Services for maintenance, quality control, or any other purpose permitted under applicable law, even if we are not required to do so.
Limitations of Liability
We are not responsible for:
- use of your account and your website, and all activities carried out through it by you or unauthorized third parties
- actions of third parties
- consequences of unauthorized use of our resources by third parties
- any malicious software that may transmit from/to our website
- user content that violates the Agreement, the policy, or the applicable law of a particular jurisdiction.
Your guarantees
You confirm that you will take all actions to hold us harmless from any claims, demands, or obligations related to:
- your use of our website or Services;
- your violation of any condition of the Agreement or policies, regulations, or applicable laws;
- your violation of the rights of third parties, including intellectual property rights or other rights.
