Terms of Service

By using Upbeat Hosting’s (“Upbeat Hosting”, “our”, “us” or “we”) products and services, you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies.

INTERPRETATION

The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates’ commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

ILLEGAL USE

Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.

SPAM

All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.

Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not “opted-in” to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Upbeat Hosting upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an “opt-in” process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and “opt-in” elections and provide such records to Upbeat Hosting upon its request. If a user cannot provide positive and verifiable proof of such consents and “opt-in” elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:

  • use of our network for the receipt of replies to unsolicited mass e-mail;
  • forgery of e-mail headers (spoofing);
  • spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software;
  • configuration of a mail server to accept and process third-party messages for sending without user identification and authentication;
  • hosting web pages advertised within “spam e-mail” sent from another network (spamvertising);
  • hosting web pages or providing services that support spam;
  • any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts,
  • IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and instructing others in any activity prohibited by this AUP.
  • If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, your server may be suspended. If we deem your account at risk for repeated AUP infractions, we may suspend and/or terminate all servers on it.

HARDWARE RESOURCE USAGE

VPS

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.

Shared/Reseller/Master Resellers

Our shared and reseller hosting products is not a replacement for a CDN (ie: streaming video/files off site, storage of large files or large quantities of seldomly used data/images). If you are found hosting files that use a larger portion of storage and/or bandwidth than what is considered typical for a shared hosting environment, we may ask you to reduce your usage or upgrade to a virtual server. Excessive bandwidth usage due to website abuse or bruteforce attacks may result in suspension of services. ffmpeg, its alternatives, and mass video streaming websites are not allowed on our shared hosting.

Shared or Reseller hosting can not be used to host Proxies (private or public).

NETWORK

We do not allow port scanning or UDP floods to be sent from our network. Accounts sending floods, port scanning, and/or creating artificial traffic will be suspended and/or terminated. If your server is found to be degrading the connection speed of other servers, you will be notified via ticket and asked to reduce your usage.

COMMONLY QUESTIONED USES

The following are including, but not limited to acceptable uses provided they comply with the rest of this AUP:

IRC
Minecraft servers+
VPN
Adult material
Video streaming
Usenet (Must be limited to 20Mbps total)

STRICTLY PROHIBITED USES

The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:

Denial of Service (DoS) attacks
Port scanning
Botnets
TOR exit nodes
Open proxies
Open DNS resolvers
Hola
Illegal downloads/Piracy
Video chat (e.g., CamFrog, Visichat)
Virtual currency / cryptocurrency (*coin) mining
Crypto verification (SmartNodes, etc.)
HentaiAtHome
Facebook crawlers
IP spoofing
Fake/Replica product websites
Phishing
World Community Grid, Folding at Home, or similar software
Prime95
CrystalMines
HYIP websites
Booter/Stresser websites
HitLeap or any artificial traffic creation
iBusinessPromoter or similar software
LIULIANGKUANG
Multics, CCcam, or any other card sharing software

SECURITY

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.

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 States will result in immediate termination.

DMCA / LEGAL

Please send all abuse reports to abuse@upbeathosting.com