Important Note: This document is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your PhotonVPS Internet Services account. Reports of activity in violation of this policy may be sent via e-mail to email@example.com
When you open your PhotonVPS account, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. PhotonVPS has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of PhotonVPS's Acceptable Use Policy. The following factors guide the establishment and enforcement of PhotonVPS's usage policies:
PhotonVPS intends to provide its customers access to everything the Internet has to offer. While PhotonVPS is firmly committed to the principles of free speech, certain activities are damaging to the resources of both PhotonVPS and the Internet and cannot be permitted under the guise of free speech. The resources of PhotonVPS and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. If a PhotonVPS account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice and you agree to indemnify PhotonVPS and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org
PhotonVPS customers are prohibited from transmitting on or through any of PhotonVPS's services, any material that is, in PhotonVPS's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.
In general, you may NOT use your PhotonVPS account :
PhotonVPS's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. PhotonVPS's reserves the right to remove such illegal material from its servers or to immediately terminate your services. The customer is responsible for keeping his billing data with PhotonVPS up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. PhotonVPS reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a guideline, and is not intended to be all-inclusive.
Certain PhotonVPS accounts give you the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following examples are non-exclusive and are provided for your guidance.
PhotonVPS provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. PhotonVPS will not routinely monitor the contents of your web sites. You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, PhotonVPS may, at its sole discretion, remove the web site hosted on PhotonVPS servers and terminate your Web Hosting service. You agree to promptly reimburse PhotonVPS for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website. You may not use your web site to publish material which PhotonVPS determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example). Objectionable content is otherwise legal content with which PhotonVPS concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
You are responsible for ensuring that the services obtained from PhotonVPS are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from PhotonVPS in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from PhotonVPS. Failure to responsibly manage the use of the services obtained from PhotonVPS may be cause for termination of services to you.
PhotonVPS accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:
PhotonVPS does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in PhotonVPS's sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in PhotonVPS's sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the United States, PhotonVPS will forward all offenders of this policy to the appropriate federal agency.
PhotonVPS has a policy to respect and protect the privacy of its customers and their information that is stored with PhotonVPS. PhotonVPS will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the PhotonVPS Services, to operate or maintain its systems or to protect itself or its customers.
PhotonVPS reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy at any time without notice.