Acceptable Use Policy (AUP)
And Terms Of Service
Last Updated 10/16/2022 1:58PM AEST
– Updated Colour of page for better viewing on high contrast screens
– Simplified outgoing email limits speech
– Rewording under Resource usage limits and definitions pertaining to storage use and mailing limits.
Below we outline the Acceptable use policy for our Shared web hosting and VPS services – This applies to all services provided by PixelHost.
On the right side we’ve tried to make it as cleas as we can but you should always refer to the full document.
Our goal at PixelHost is to provide you everything you need to get going without worrying about the hardware or servers, On some plans we may offer “unmetered” or “unlimited’ resources, It’s important you understand how these work as they’re often a vector for abuse and spam, so we do enforce some restrictions, for a large majority of users this will have no impact but it’s important you know what these limits are.
Some of what we don’t allow is listed below, however it is not a complete list of things you’re not able to run, Please reach out to live chat for clarification if you are unsure, Knowingly breaching these terms may lead to account suspension.
Mass File Storage, Mass File Archiving/backup, Mass Mailing, Torrenting or seeding, as a remote file host for other websites.
“Lifetime” Hosting should be defined to whilst the product is available for commercial resale or a minimum of 5 Years service – PixelHost aims to provide services for as long as possible and has no planned obsolescence.
All E-Mails Sent Must
– Be Spam Free
– Be Non Marketing or Promotional
– Have valid DNS Records
– Not be Leak forums or Adult forums
– Not be Deceptive use against third party services
– Not be Part of a Warmup Service
Accounts exceeding 300/E-Mails an hour will be throttled, this is capped to 300/day on lifetime or shared packages.
In short, Use the E-Mails like you would your personal emails, assume they have your face and name attached and keep it lawful, Full terms are listed below, Be sensible and you won’t have any issues.
Thanfully this one we can keep short, Don’t provoke, send or entertain any attacks or abuse of our network or your account may be at risk of termination
If you are planning to run a Tor Node or an IRC Server you must consult with live chat so we can take the appropriate measures, Not all services will have this enabled.
We utilise great DDoS protection but in the event of a network downtime due to an attack PixelHost will not be held liable for damages or downtimes out of our control – we do make every effort to ensure we are back up and running.
Storage for WordPress and Website
E-Mail use for business
Legal & Legitimate Use
File Sharing / Mass Storage / Cloud Storage
NewsLetter & Mass Mailing
Intentional / Malicious Abuse
Shared & Lifetime
A. RESOURCE USAGE
- 1. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
- 2. The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month.
- 3. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
- 4. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
- a. use more than 10% of our platform’s processing capacity or more than 250% of your individually provisioned CPU allocation, whichever comes first. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
- b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
- c. run any type of web spider or indexer
- d. run any software that interfaces with an Internet Relay Chat network
- e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
- f. participate in any file-sharing/peer-to-peer activities
- g. run any gaming servers
- h. run entries or other scheduled tasks other than by configuring them through our control panel
- i. give away web space under a domain (including Resellers giving away free websites)
- j. operate a proxy website or service
- k. as a remote file host for other websites
- l. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
- 5. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
- 6. If your use of the Services results in activity that is harmful to the performance of disk space resources, such as the creation of large system-generated or application-generated files (e.g. log files, backup files, and cache files), we may take remedial action, including removal of system/application-generated files and/or limiting your use of the Services, as necessary to protect the stability of the Services. You agree to cooperate with us in ensuring that your use of the Services does not result in harm to the performance of disk space resources.
- 7. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimize your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
- 8. MySQL Databases are limited to 2GB in size, when they reach this size we will notify you to ensure it’s a valid Database and not a rouge process.
- 9. If you are a Reseller and deactivate a resold web hosting account we will delete it after 50 days.
- 10. Do not use the Services for bandwidth-intensive activities, including (but not limited to) the distribution or serving of video files, audio files, and downloadable digital assets (e.g., downloadable zip and pdf files). Client Websites that incorporate these types of activities should utilize a suitable third-party storage provider, ensure these assets are served by a content delivery network (CDN), or otherwise configure Client Websites to deliver these assets using a method that ensures Kinsta’s network does not incur the bandwidth associated with these activities. Configuration of Client Websites to utilize an appropriate delivery method for these activities is the responsibility of the Client.
- 11. Our plans may allow you to send a certain amount of transactional emails per day, and you agree not to exceed the maximum amounts listed on our website. If you exceed your daily transactional email quota, we may offer to upgrade your plan, or you may use a third-party provider to send transactional emails. If you refuse to upgrade your plan or use a third-party provider, we may refuse to deliver emails on your behalf.
- 12. Lifetime basis. Unless terminated as provided for under the terms of this Agreement, PIXELHOST agrees to provide the Customer with the Service on a “lifetime” basis. Lifetime shall be defined as for as long as PIXELHOST continues to provide the sold hosting package as a commercial service or in any event a minimum of 5 years from date of Customer sign up. Lifetime hosting packages are per named Customer and are absolutely not transferable to any other entity, for any reason, in any way or under any circumstances whatsoever.
B. PROHIBITED USES
- 1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
- a. in any way that breaches any applicable local, national or international law or regulation
- b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- c. for the purpose of harming or attempting to harm minors in any way
- d. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
- e. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)
- 1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
In the event of prohibited use – All services on the user’s account will immediately be terminated without compensation, save for situations where a court order demands evidence be turned over to law enforcement.
The user will be permanently banned from holding any further service with PixelHost, EZ Servers, and all Relevant parties.
Order of Execution During Abuse Offenses
1 – The offending service will be brought offline, and left in a suspended state.
2 – A support ticket will be opened to the service owner detailing the offense and the necessary steps required to resolve the situation.
3 – Once the service owner replies to the ticket acknowledging that they understand the issue and how to correct the problem, the service will be reactivated and the service owner will have 24 hours to prevent any further abuse.
Failure to address abuse cases will result in your services being suspended, and in extreme cases, terminated.
C. CONTENT STANDARDS
- 1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
- 2. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
- 3. Material must:
- a. be accurate (where they state facts)
- b. be genuinely held (where they state opinions)
- c. comply with applicable law in the UK and in any country from which they are posted
- 4. Material must not:
- a. contain any material which is defamatory of any person
- b. contain any material which is obscene, offensive, hateful or inflammatory
- c. contain any material that is pornographic
- d. promote violence
- e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- f. infringe any copyright, database right or trade mark of any other person
- g. be likely to deceive any person
- h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- i. promote any illegal activity
- j. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- k. be likely to harass, upset, embarrass, alarm or annoy any other person
- l. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- m. give the impression that they emanate from us, if this is not the case
- n. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
D. ZERO TOLERANCE SPAM POLICY
- 1. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
- 2. Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- 3. PixelHost reserves the right to require changes or disable as necessary any website, account, database, or component that does not comply with our policy
- 4. PixelHost reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion
- You agree not to:
- a. re-sell or offer for the use of third parties any part of our Hosting Services unless a specific Reseller product has been purchased,
- b. not to access without authority, interfere with, damage or disrupt
- i. any part of the Hosting Services
- ii. any equipment or network used to provide the Hosting Services
- iii. any software used in the provision of the Hosting Services
- iv. any equipment or network or software owned or used by any third party
- c. If you deactivate a resold Hosting Service for 50 consecutive days we will automatically delete this Hosting Service.
- d. You are responsible for the good housekeeping of your Reseller Service. You agree to delete files and Hosting Services that are no longer required
F. SUSPENSION AND TERMINATION
- 1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- 2. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
- a. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
- b. immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers
- c. issue of a warning to you
- d. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- e. further legal action against you
- f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary
G. STORAGE AND SECUIRTY
- Storage and Security.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on PixelHost servers; and (iv) ensure the confidentiality of Your password. PixelHost services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and PixelHost shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by PixelHost are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. PixelHost shall have no liability to You or any other person for Your use of PixelHost products and/or services in violation of these terms.
- Storage and Security.
H. CHANGES TO OUR ACCEPTABLE USE POLICY
- 1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.