Use of Services
As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by DevCapsule, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service.
By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
- Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Host TOR exit nodes.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
- Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of DevCapsule IP space or ASN.
- Use our services for anything listed in the "Prohibited Uses" list below -
- Denial of Service (DoS) attacks
- IP or ASN Hijacking
- Port scanning
- TOR exit nodes
- Open proxies
- Open DNS resolvers
- Illegal downloads/Piracy
- Video chat (e.g., CamFrog, Visichat)
- Fake/Replica product websites
- Facebook crawlers
- IP spoofing
- World Community Grid, Folding at Home, or similar software
- Virtual currency / cryptocurrency (*coin) mining
- Crypto verification (SmartNodes, etc.)
- HYIP websites
- Booter/Stresser websites
- HitLeap or any artificial traffic creation
- iBusinessPromoter or similar software
- Multics, CCcam, or any other card sharing software
- Chinese private game servers and related websites
- Use of our IP Space to bypass IP based Firewall/IRC/Forum Bans.
DevCapsule reserves the right at all times to disclose any information as DevCapsule deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DevCapsule's sole discretion.
DevCapsule does not control or endorse the content, messages or information found in any Service and, therefore, DevCapsule specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.
As in all VPS environments, CPU cores and disk I/O are shared among multiple VPSs. If your VPS is consistently maxing out one full core or more and impacting the performance of other client servers sharing the same host node, we may ask you to reduce your usage. Load may be generated by CPU usage and/or I/O. Disruptive load may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved.
SECURITY / BREACHES / HACKING
Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for:
- Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers;
- Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information;
- Executing any form of network activity that will intercept data not intended for your server;
- Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks;
- Interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack;
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information;
- Soliciting the performance of any illegal activity, even if the activity is not performed; or
- using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
The preceding list is an example and not an exhaustive list of prohibited activity.
DevCapsule will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
Failure to adhere to the Acceptable Use Policy will result in service suspension and possibly termination with no refund. Any activity not mentioned above but which is considered illegal in the United Kingdom will result in immediate termination.
This Acceptable Usage Policy may be updated from time to time. We will notify you of any changes to our Acceptable Usage Policy by posting the new Acceptable Usage Policy on the DevCapsule website. You are advised to consult this Acceptable Usage Policy regularly for any changes.
Last amended May, 2018DevCapsule Ltd. 1 St Peter's Square, 2nd Floor, Suite 140, Manchester, M2 3DE, United Kingdom