Scope. When you subscribe to any services (the “Services”) offered by Cian Technologies Inc. dba ExcellentHost (“ExcellentHost”), you also agree to the following acceptable use policy (“Acceptable Use Policy” or “AUP”).
Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section. You may not use the Services or ExcellentHost’s technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize ExcellentHost’s products, services, technology infrastructure or ability to operate; or (ii) expose ExcellentHost to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
include child pornography;
promote, sell or otherwise disseminate adult related material, pornography or other erotic material that contains nudity or other content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and banner exchanges;
infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
promote or advocate human trafficking in any way as determined at our sole discretion;
promote prostitution or escort services;
promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction;
promote or sell illegal drugs or drug paraphernalia;
advertise, advocate or operate get rich quick schemes or any high-yield interest programs (HYIP), ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs or related sites;
can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners, bruteforce programs, spam scripts, executables, mail bombers or other tools or applications;
include any form of malware;
make threats to a person’s safety or property;
interfere with the services that ExcellentHost provides to its other customers;
interfere with, disrupt or damage the servers used by ExcellentHost to provide such services, those of ExcellentHost’s suppliers or those of ExcellentHost’s other customers;
impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
operate file dumps / mirror scripts, anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;
broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;
operate cryptocurrency / bitcoin miners;
undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
the export of data or software;
the protection of human rights;
the promotion of hatred;
defamation of any legal entity or individual;
the protection of intellectual property; or
including the sending of commercial electronic messages without consent from the recipients.
Unacceptable uses of the Services or ExcellentHost’s technology infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of ExcellentHost’s technology infrastructure. ExcellentHost will be the sole and final arbiter as to what constitutes a violation of this policy.
Disruptive Uses. You may not use the Services or ExcellentHost’s technology infrastructure in any manner that interferes with or disrupts ExcellentHost’s other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and ExcellentHost may exercise its rights under section 6.6 including to suspending Services:
generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by ExcellentHost’s other clients who have purchased similar hosting services;
generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by ExcellentHost’s other clients who have purchased similar hosting services;
on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by ExcellentHost’s other clients who have purchased similar hosting services;
even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
using SSD storage to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using SSD storage for data warehousing, photo backups, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent
No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a ExcellentHost server is not tolerated. This includes any email that promotes websites hosted on a server located on the ExcellentHost network, but which is sent from an email address not associated with a ExcellentHost account.
Music, Image and Video Files. Responding to and addressing copyright complaints is a time-consuming process. From time to time, ExcellentHost scans its servers looking for file formats commonly used for unlicensed music, images or video. If such files are detected amongst Your Content, ExcellentHost may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from ExcellentHost’s servers, it is a breach of this section and ExcellentHost may exercise its rights of termination under the Terms of Service.
Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 1, you will promptly report it to the help desk from which you receive technical support.
Investigation. ExcellentHost reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with ExcellentHost when asked to assist in any such investigation.
Breaches. If you breach the AUP, it is probable (in ExcellentHost’s sole discretion) that you have breached or it is likely that you will breach the Terms of Service (also in ExcellentHost’s sole discretion), ExcellentHost in its sole discretion may suspend or revoke your access to the Services or ExcellentHost’s technology infrastructure. Breaches of the AUP may also result in you incurring criminal prosecution or civil liability.
Other Breaches. ExcellentHost assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.