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Acceptable Usage Policy

NOTICE:: This section serves as a summary of the complete Acceptable Usage Policy (AUP) that follows. It is meant as a quick reference, not an exact definition of terms. See each individual section for complete terms and conditions.

Resource Abuse

- CPU resource 30 minutes average usage can not over 200% which means Mining Software are not allow
- Affecting other clients will affect your tenacy.
- You are responsible for `poor code`.
- `Accidents` happen once. And only once.

Bulk email & Spam & Unsolicited Communication

- Bulk email - are not allowed
- Spam == Termination. There are no second chances.
- Solicitation of _ANY_ kind must be approved beforehand.

Internet Relay Chat (IRC) Networks
- Benign and drama-free networks are welcome here.
- Absolutely _NO_ botnetting. Zero Tolerance is in effect.
- If your IRCn is frequently targeted for DDoS and other attacks, kindly find hosting elsewhere.

- Rule of Thumb: If it's legal in the US, it's fine by us.
- We enforce legal DMCAs without reservation.
- Phishing/Scam/Shock content is strictly prohibited.
- Child Porn == FBI at your door. No exceptions.

1) Resource Abuse

1,1) Resource abuse consists of any activity, intentional or otherwise, that consumes enough system resources to affect other clients or equipment. We may have to reboot/shutdown/suspend your VPS to keep the node stable without prior notic.

1,2) If your account is in violation for non-severe prohibited usage, the following steps will be taken in dealing with the infraction:

1,2,1) First Offense: A written warning detailing the offense will be issued via the ticket system addressing the infraction. Once you reply to this ticket, your service(s) will be reactivated, and you will have 24 hours to correct the issue.

1,2,2) Second Offense: Another written warning will be issued, your service will be suspended and pendding terminate. Once the ticket is replied to, your service(s) will be reactivated, and you will have 2-6 hours from activation to correct the issue. At this point you should make a personal backup of your data, and transfer this backup to your home or other remote location.

1,2,3) Third Offense: A termination notice will be issued, all service(s) on the account will be suspended and pendding terminate, and the service in question will be terminated with no compensation or data retrieval. A 25,00$ USD AUP Violation Fine will also be added to the account, and must be paid in full before any service(s) are to be reactivated.

1,3) Any intentional abuse of resources, including but not limited to: SPAM, DDoS Attacks, Port Sniffers, Network "security" scanners, UDP/SYN Floods, Forkbombs, Unauthorized Access, and GET floods, will result in immediate termination of services, and a permanent ban on the account.

2) Spam & Unsolicited Email

2,1)Use of the services of ComfortVPS to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type may result in the immediate termination of the offending customer's account without warning or reimbursement.

Legitimate uses of bulk email in a manner consistent with United States law may be permitted at the sole discretion of ComfortVPS. ComfortVPS's abuse resolution policy is to serve all abuse complaints via our ticket system at client area and assure that they are handled professionally. Accounts generating complaints from recognized blacklist databases will incur a one-time administrative fee of $50 per complaint and are expected to resolve these issues themselves. In the event of a Spamhaus or Outblaze blacklist listing, an additional $350 administrative fee will be issued along with immediate termination. Should a contract be involved, the client must immediately pay the remainder of the balance owed between the current date and the end of the term per the original agreement.

Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending ComfortVPS account. Forging any message header, in part or whole, of any electronic transmission, originating or passing through the ComfortVPS service is in violation of this AUP.

2,2) Bulk email and any Spam of any sort is strictly prohibited. Any client found to be sending spam or unsolicited communcations will be immediately terminated, and will be banned from all further services.

2,3) Any client wishing to send solicited/registered communications (Example: A voluntary mailing list) _MUST_ be approved beforehand. Approval may only be granted via the ticket system for records purposes.

3) Internet Relay Chat (IRC) Networks

3,1) Clients are welcome to host private, public, or corporate IRC networks that abide by all definitions of the Terms of Service and Acceptable Usage Policy.

3,2) Botnets of any sort are absolutely prohibited, and will be treated as an Intentional Abuse of Resources.

3,3) Any network that sufferes frequent and/or repeated DDoS or other attacks will be terminated at the end of the current billing cycle (if monthly), and will be asked for find hosting elsewhere.

4) Content (Public & Private)

4,1) Any data, material, or content hosted will be considered `public`, regardless of any actual access restrictions placed by the client.

4,2) Any legal DMCA received for content/data on the client's service(s) will cause VPS suspend and only allowed un-suspend 1-3 hours for data backup, after that, VPS will be suspend again. kindly find hosting elsewhere.

4,2,1) 2 DMCAs within 3 months will cause account termination ( all VPSes in your account will be suspended)

4,2,2) Repeated DMCAs received for the same service will result in termination of the offending service(s) with no compensation given.

4,2,3) Any DMCA which results in legal action against ComfortVPS or any related enterprise will result in immediate termination of all services, with no compensation given.

4,3) Serious infractions to this policy (Child Pornography, AnonOps/etc affiliation, etc) will result in an immediate suspension of all services related to the account pending a full audit. Any information found during this audit will be held pending federal investigation.

5) Restricted/Regulated Services

5,1) bitTorrent

5,1,1) We do not allowed any P2P software or activities of things like bitTorrent.

5,2) TOR

5,2,1) All users wishing to run a TOR service (node or private site) are required to lease a /29 from us, and have the IPs assigned to them via SWIP.

5,2,2) All users wishing to run a TOR service are required to list a valid contact email for the IPs assigned to them, and are required to handle any and all complaints or abuse reports received within 48 hours.

5,2,3) Any user running a TOR service that is not in compliance with sections 5,2,1 and 5,2,2 will be treated as an intentional violation of our Terms of Service/Acceptable Usage Policy, and will face immediate termination of all services under their account, as well as being prohibited from acquiring any further services with us.

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