This AUP governs the use of all the digital services, hosting solutions, cloud services, and other offerings (the “Services”) made available by MVee Media and its suppliers, brands, and affiliates (“Mvee Media”). This AUP is an integral part of your agreement with MVee Media and is incorporated by reference into the terms pursuant to which MVee Media provides you the right to access or use the Services. Access to or use of the Services constitutes your acceptance of this AUP. MVee Media reserves the right to alter this AUP at any time and such modifications shall become immediately effective upon posting the modified AUP or by notification to you of the modified AUP.
The purpose of this AUP is to set forth guidelines for the expected conduct of users of the Services and the types of actions and content that are contrary to MVee Media’s mission and philosophies. This AUP is intended to protect the Services, employees and customers of MVee Media, and end users from improper, inappropriate, abusive or illegal activity. Mvee Media may suspend or terminate your right to access and use the Services if, in its sole determination, it believes you have violated this AUP.
Responsibilities and Prohibited Use
You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in MVee Media’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose Mvee Media to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
MVee Media Services will certainly proceed immediately suspension (without notification) if among the following (including however not limited) services or activities discovered on the server:
- IRC servers
- iMarcos, AutoSurf, Traffic Exchange, Automated Browsing HitLeap, Crawlers etc.
- Illegal Downloads/Uploads, /Pirated Content / Ware
- Bruteforce Programs/Port Scanning /IP Scanners
- Email Spamming of any type
- Investment Sites (E-Gold Exchange, HYIP, FOREX, Linden Exchange, Second Life/ Pyramid Scheme/ Ponzi, MLM)
- Gambling Sites/ Lottery
- MUDs / RPGs / PBBGs
- Sites promoting hacking activities
- Bank Debenture Trading Programs/ Bank Debentures
- Replica Sites/ Fraudulent / Phishing
- Public Proxies / TOR Exit/ Public VPNs/ Anonymizers
- TeamSpeak / Mumble
- Virtual Currency Mining (including but not limited to bitcoin)
- DDoS-prone applications or booters / flood scripts / IP spoofing
- Open DNS resolvers / recursors
- Illegal software key generators /Cracking tools
- Public Game Servers
- File hosting services
- Cardsharing (CCCam or equivalent)
- P2P or file-sharing networks
- Adult Content hosting, storing and display
Limits in use
Fair Usage Policy of MVee Media Hosting: MVee Media offers cloud hosting plans bundled with limited and unlimited resources like disk space and/or other resources, such as data transfer, databases etc. The use of the Service is governed by a Fair Usage Policy, stated below, which covers the fair use of bandwidth and other resources where there is an indication of “unmetered/unlimited” data transfer or storage capacity, in order to prevent Service abuse and allowing the Company to fully optimize network capacity, as well as maintain the quality of the Services.
If a website is identified to consume too many resources, we will try to contact the User (owner) to discuss possible solutions. Until such solutions shall be implemented, the use of the Service can be limited at the discretion of the Company.
Disk space is intended for use in accordance with MVee Media’s Fair Use Policy and limited to web files, active email and User Website content only. Shared hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. Mvee Media expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Fair Use Policy. MVee Media may, in its sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of MVee Media’s T&C.
Excessive Server Resources: Use of MVee Media’s resources must be consistent with a shared hosting environment and must otherwise comply with this T&C. Accounts with a large number of files can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables or an excessive database size negatively affect the performance of the server. In the event that you exceed these amounts, MVee Media may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. MVee Media reserves the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
Mvee Media’s Rights
You shall reasonably cooperate with Mvee Media in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. MVee Media further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that MVee Media believes is responsible for such violation. MVee Media may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit MVee Media’s rights and remedies at law or in equity that may be available.
Consequences of Violations of this AUP
If MVee Media, in its sole discretion, reasonably believes you or your User violated this AUP, MVee Media may suspend your Services without prior notice, terminate your agreement with MVee Media, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy MVee Media may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.
Mvee Media is under no duty to monitor user’s activities, and MVee Media disclaims any responsibility for any User’s misuse of the Services. MVee Media has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that Mvee Media becomes aware that any such material violates this AUP and/or exposes MVee Media to civil or criminal liability, Mvee Media may, but is not required to, block access to such material. Unless otherwise stated in this AUP, MVee Media disclaims any obligation to any person who has not entered into an agreement with MVee Media for use of the Services.
Notification of Violations
If you become aware of any violation of this AUP by anyone, including your Users, you must immediately notify MVee Media using the following contact: [email protected]