Acceptable Usage Policy
Please Note: This is a document that receives frequent updates. Therefore get in the habit of reviewing this document occasionally to stay informed about of all acceptable uses and inappropriate uses pertaining to your FenixVPS Internet Services account. If you wish to report activity that violates this policy you may do so by sending an email to Click Here
This document has the following subsections:
Introduction: When you join FenixVPS by opening your account, you are actually joining two distinct communities. First, you are joining the community that is comprised of our network and all of our customers. Second, you are joining the community that is comprised of all of the various networks and users that are connected together to form what we know as the Internet. Once you are a member of those communities you will have privileges and rights but you also will have some resulting responsibilities and duties. FenixVPS has thus developed this Acceptable Use Policy to make it easy for you to understand and fulfill your duties and responsibilities. A thorough understanding of this document will give you all of the information that you need to know about the FenixVPS Acceptable Use Policy. Here are some of the many factors that have guided us in establishing and enforcing the usage policies pertaining to FenixVPS:
* Ensuring that our customers can receive reliable service
* Ensuring that our network and systems and the systems and networks of others are private and secure
* Ensuring compliance with any existing laws
* Maintaining our reputation as a highly responsible provider of the services we offer
* Encouraging users to act responsibly on the Internet
* Discouraging any activities that limit the value or the usability of Internet Services
* Preserving the values of free expression and free exchange of information via the Internet
* Preserving the security and the privacy of each individual user
FenixVPS is firmly committed to providing all of its customers with access to all that the Internet has to offer them. We maintain our firm commitment to the principal of free speech, but we recognize that there are some activities that are highly damaging to both the resources of Fenix VPS and to the Internet and that those activities simply cannot be allowed under the guide of protection of free speech. We also recognize that our (FenixVPS) resources are limited and that the resources of the Internet are limited as well, and thus any abuse of any of these resources by an individual user will negatively impact the whole community. We do not practice routine monitoring of account activity except for as required for measuring levels of system utilization and for preparing related billing documentation. However, if we are made aware of or become aware of any improper or inappropriate usage of any of our services, we will respond appropriately.
In the event that any FenixVPS account is used in a manner that violated the Acceptable Use Policy, FenixVPS reserves the right of terminating Service for that account without needing to provide notice, and you furthermore agree by your acceptance of this Acceptable Use Policy to indemnify FenixVPS and any and all of its affiliates, suppliers or agents acting on behalf of FenixVPS against any threatened, impending, existing or ongoing claims brought by yourself or a third party in relation to your violations of this Acceptable Use Policy, or in relation to any content contained within your Web site. In some circumstances (at our discretion) we will advise our customers of the violating behavior and allow them to take corrective action. However, those with flagrant Acceptable Use Policy violations will have their services terminated immediately. If we do not enforce this specific policy that is in no way intended to constitute a waiver of any of our rights.
General Information: All of the customers of FenixVPS are expressly prohibited from using any of FenixVPS's services to transmit any material that is obscene, unlawful, threatening, defamatory, abusive or libelous, or that encourages any conduct that constitutes or involves any criminal offense, that leads to civil liability or that may in any way be considered a violation of any international, federal, state or local law or regulation.
You are NOT permitted to use your FenixVPS account:
* To violate any regulation, law, tariff or treaty in part or in full;
* To violate any regulations, rules and/or policies pertaining to any server, database, website, service provider or network In a manner which violates the rules, regulations and policies of any network that you access via your FenixVPS account;
* To violate the rights of another by actions that are fraudulent, offensive, defamatory, indecent or deceptive;
* To threaten, abuse, harass or intimidate others;
*To cause damage to the reputation or the name of FenixVPS or its parent, subsidiaries and/or affiliates;
* To access any account that is not your account and that does not belong to you;
* To break the security of any computer network or system; or
* To behave in any manner which may interfere with another customer's enjoyment and use of Services that FenixVPS provides.
FenixVPS expressly prohibits you from using any of our Services for unlawful purposes. You are therefore not permitted to transmit, distribute or store any information, material or data that is in violation of any regulation set forth by the United States Federal Government or any State or Local Government, or by the common law. This pertains to but is in no way limited to any material that is protected by trade secret, trademark, copyright or any other statute now in existence or that should become protected in the future. FenixVPS additionally reserves the right of immediately terminating your services and immediately removing any illegal materials from all of its servers if you are in violation of the Acceptable Use Policy. You as a customer are responsible to ensure that your billing data that FenixVPS has is accurate, current and up-to-date. Should you furnish or provide any data on any application or contract that is false data, including using a credit card number fraudulently, you may be subject to immediate termination and also may be subject to civil liability or criminal liability. FenixVPS furthermore reserves the right of sole discretion necessary for determinations of whether specific uses of this service are violation of the Acceptable Use Policy.
Electronic Mail: Some FenixVPS accounts are able to receive and send electronic mail. If the FenixVPS electronic mail services are misused, the account in violation may be terminated. Here are a few examples of what you are not permitted to do with your electronic mail services:
* You are not permitted to use your electronic mail account in order to send "spam" (unsolicited commercial messages, including those pertaining to charity requests, political tracts, religious tracts, petitions for signatures or commercial advertising), in bulk or otherwise;
* You also are not permitted to use your account as a collection device for responses to "spam" that was sent from your email accounts that you hold with other providers;
* You are not permitted to forge, alter or remove any electronic mail headers;
* You are not permitted to engage in "mail bombing" *(sending a large amount of copies of one message or messages that are substantially similar to one another, or to send extremely large files or messages with the intent of disrupting an account or a server);
* You are not permitted to use your electronic mail account in order to intimidate or harass others. You are prohibited from harassment through the size of messages, through the language contained within messages or by sending frequent messages. Even one individual message that is unwelcome is enough to constitute harassment. Should a recipient request that you cease sending them emails, you are not permitted to send that individual any additional messages.
* You are not permitted to propagate or forward any chain letters, whether or not they are the sort of messages that are soliciting money or soliciting items of value, and whether or not the intended recipient wishes for you to send them that type of mailings.
* You are not permitted to use your FenixVPS account in order to collect messages or replies that have been sent via any other Internet service Provider if the messages are in any way in violation of this Acceptable Use Policy or the other service provider's acceptable use policy.
* If in any case you are using services from a different provider for promotion of a web site that is hosted through or by FenixVPS, all of the provisions contained within this Acceptable Use Policy shall apply in regards to any promotion methods used for the web site in question.
Web Sites: FenixVPS regularly provides access and storage space for web sites via its Web Hosting services. Additionally, web sites may be hosted via dedicated accounts. FenixVPS makes no promises that your web site and/or its content will be routinely monitored. The responsibility for all information contained within your web site is yours alone. FenixVPS reserves the right to remove any web site that is hosted via FenixVPS servers in response to any complaint pertaining to the content, language or graphics that are contained on your web site, and also reserves the right to immediately terminate your Web Hosting service. You also hereby agree that you will promptly reimburse FenixVPS for any reasonable or foreseeable expenses it may incur in relation to defending itself against the claims of any third party (including attorney's fees) that are related to any of your content (whether such content was created by you personally or by your users or your customers). Under no circumstances are you permitted to use your web site in order to publish any material that FenixVPS deems to be objectionable, unlawful or indecent. For the purposes of the Acceptable Use Policy, "material" shall refer to any form of communication, including but not limited to graphics (including logos, photographs, images, illustrations, drawings etc.), narrative descriptions, audio recordings and/or video recordings. Any content that is in violation of any law, treaty, statute, regulation or lawful order is deemed unlawful content. This shall include but is in no way limited to: defamatory material, obscene material, fraudulent statements, threatening statements, deceptive statements, harassing statements or any material that in any way violates the property rights or the privacy rights of others (trademarks, copyrights, etc.). For the purposes of this Acceptable Use Policy, objectionable content is any content that is otherwise legal but that FenixVPS decides for any reason that it would rather not be associated with in order to maintain its brand image and protect its reputation, or to protect the reputation of any of its shareholders, employees and affiliates.
The following are a couple of examples of website content that is prohibited under this Acceptable Use Policy:
* Any material that results in public scorn or ridicule of FenixVPS or any of its affiliates, shareholders or employees.
* Any material that in any way encourages or is incorporated in the commission of any crime; that in any way incites violence; or that in any way degrades any group or any individual on the basis of age, sex, religion, nationality, marital status, color, disability, sexual orientation or political affiliation.
Security: Should any misuse occur via your account, you are responsible for it, even if the inappropriate or violating activity was done by someone else such as a guest, friend, employee or family member. That means that it is imperative that you take action to ensure that no one gains access to your account without your knowledge or consent. You are not permitted to use your account for the purpose of breaching the security of any other account and are not permitted to use your account to try to get unauthorized access to any other server or network.
* You are required to have and maintain adequate security measures to minimize and hopefully to prevent the instance of unauthorized access or usage of your account.
* You are not permitted to take action to circumvent security or user authentication of any network, host or account ("cracking"). This includes but is in no way, shape or form limited to: (1) probing other network's security, (2) accessing data that is not intended for your access, or (3) using or logging into any account or server that you to not have the expressed authorization to access. You are furthermore not permitted to use or distribute any tools designed to be used for or knowledge regarding to the practice of compromising security. Here are some examples of a few of the types of tools that are prohibited: cracking tools, guessing programs and network probing tools.
* You are not permitted to interfere with the service of another user. or the service to any network or host ("denial of service attacks"). This shall include but is in no way limited to deliberate "flooding" of networks, deliberate actions or attempts designed to overload a server or service, and any efforts that constitute an attempt to "crash" a host.
* Any user who is found to have violated any network security or any systems can expect to incur civil liability or criminal liability. FenixVPS will fully cooperate with any investigation into any alleged violation of a system or of network security of other web sites, and will also cooperate with members of law enforcement who are investigating alleged criminal violations.
Network Management:You are entirely responsible for maintaining and ensuring that all of the services provided to you by FenixVPS are used in a manner that is appropriate. This applies both to your use and to the actions of your users and customers. You are required to take the necessary steps to ensure that services are used in such a way that the risk and occurrence of network abuse is at a minimum.
You are furthermore required to display contact information and to make information regarding how to contact you publically available, and you are required to respond to complaints regarding misuse of any service received from FenixVPS in a timely manner. Should you fail to manage usage of services that are obtained from FenixVPS in a responsible manner, you may be subject to termination of services.
* You are required to designate at least one individual ("Contacts") that shall be responsible for each IP network, host or subnet that is connected to the Internet via usage of these services. Additionally, it is your responsibility to provide the necessary Contact names, postal addresses, email addresses and phone numbers ("Contact Information") to any and all related Domain Name Registrars before the date that your initial network connection via our services is to occur. You are required to keep the Contact Information current and update it as necessary to maintain accuracy. Should you wish to make any changes to the Contact Information you must send the information to each Domain Name Registrar in a timely fashion.
* Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to FenixVPS via telephone 24 hours a day, 7 days a week.
*All customers who shall allow third party access to a service that is obtained from FenixVPS, whether the third party is a user, customer or employee, are hereby required to maintain a postmaster address to which complaints by email may also be delivered. Any message that is delivered to the related postmaster address requires immediate attention and review and must be taken care of in a timely fashion.
Network Performance:As you are likely aware, many FenixVPS accounts operate using shared resources. That means that if one customer excessively uses or abuses one of the shared network resources, there will likely be a negative impact on every other FenixVPS customer. We take misuse of network resources very seriously, and if you impair network performance through such misuse you will be in violation of this Acceptable Use Policy and may face termination of your account.
* You are also prohibited from any excessive consumption of any resources, included but not limited to disk space, memory, CPU time and session time. You are not permitted to use any type of resource-intensive program in a manner that negatively impacts any other FenixVPS customer, system or network. FenixVPS furthermore reserves the right of termination or limiting of your account in response to violations of this portion of the Acceptable Use Policy.
Illegal Activity: Any activity that occurs on our network that contains a violation of any local ordinance, state law or federal law is to be considered in direct violation of this Acceptable Use Policy and will thus result in an immediate termination of services. Here is a list of some prohibited activities (this is in no way a limitation on what activities FenixVPS shall elect to prohibit):
* The transfer or transmittal of any child pornography or obscene materials
* The intentional transfer or threatened spreading or transfer of computer viruses
* Any attempts to gain unauthorized access to any website or network, whether successful or not, including attempts to access FenixVPS's private network and private infrastructure.
*You are not permitted to access or try to access any information that you are not intended to access.
* Use or transmittal of pirated software
* You are not permitted to conduct or participate in any illegal gambling scheme
*You are not permitted to solicit for any illegal schemes of any type, including pyramid schemes.
Furthermore, FenixVPS shall never permit any site to contain: (i) images (banner ads or any other type of image at all) that depict any models that are nude and who appear to be younger than 18 years of age (in the sole discretionary judgment of FenixVPS); (ii) any sexually explicit imagery (including banner ads or any other type of image at all) that includes any model who appears to be younger than 18 years of age (in the sole discretionary judgment of FenixVPS); or any language that in any way promotes child pornography whether or not the language is combined with nude images or sexually explicit imagery or if the language appears on its own. United States Federal Law requires that FenixVPS inform the appropriate federal agency of any the existence of any offenders.