Acceptable Use Policy (AUP)

Guidelines and rules for the lawful and appropriate use of Data Geeks Cloud services.

General Policy Statement

All services provided by **Data Geeks Cloud** may be used for **lawful purposes only**. Transmission, storage, or presentation of any information, data or material in violation of any Indian law is prohibited. Services provided by Data Geeks Cloud that reside outside of India must still abide by these terms and must not be in violation of any relevant laws of the hosting city, state, and country. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Data Geeks Cloud and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. 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.

E-mail and Spam Policy

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 Data Geeks Cloud 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 Data Geeks Cloud 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.
  • Instructing others in any activity prohibited by this AUP.

If, as a result of your actions, our domains and/or IP address ranges are placed on black hole lists or other mail filtering software systems, your server may be suspended and possibly terminated upon further investigation.

Prohibited Uses

The following uses are **prohibited** on our network. Engaging in these activities on our services will result in an account and/or service suspension.

  • Copyrighted content hosting and/or linking to pirated content
  • Open proxies
  • Stressers/booter websites
  • Mail/SMS bombers
  • Mass mail
  • IP spoofing
  • Network/port Scanning
  • Distribution of credentials and/or personal information
  • Denial of Service (D)DoS attacks
  • TOR exit nodes
  • Open DNS resolvers
  • Hola
  • Kloxo
  • Virtual currency (*coin) mining
  • World Community Grid, Folding at Home, or similar software
  • CrystalMines
  • HitLeap or any artificial traffic creation
  • HYIP websites
  • Vulnerability scanning
  • Bruteforcing
  • Cracking
  • Botnets
  • Illegal pornography
  • Hivemail
  • Destructive activities including but not limited to phishing, malware and/or distributing malicious content
  • Illegal activities including but not limited to ponzi schemes, pyramid schemes, phishing, scam websites and pirating software
  • LIULIANGKUANG
  • Multics, CCcam, or any other card sharing software

Some network ports are blocked on our network, this is to ensure our services are not used maliciously and to protect machines from possible known vulnerabilities. Any port(s) may be added or removed to/from the list of blocks without prior notice to users. Please check create a support ticket if you require more information on the specific blocks.

Policy Enforcement

DDoS Attacks

Users who are targeted with frequent and/or disruptive attacks may have action taken against their service and/or account. If your service(s) are found to be impacting the experience of other users persistently, you will be notified via ticket and requested to prevent further damages from occurring or relocate to another provider.

VPS Services

Server resources on our VPS platform (CPU, network, and disk I/O) are shared among other users on the same node unless specified as ‘dedicated resources’. If your VPS is persistently using these resource(s) for a prolonged period of time and/or disrupting the experience of other users sharing the same node, we will notify you to reduce your usage via ticket. We allow **private game servers** but **public game servers are strictly not allowed** because they are more prone to DDoS attacks, which can cause downtime and performance issues for others. Severe cases of resource abuse or policy violations may result in your VPS being rebooted, shutdown and/or suspended. Failure to acknowledge an abuse ticket will result in a suspension of your VPS.

Technical Support

As all VPS plans are unmanaged, we will only directly assist when the following are negatively affected for a user/server:

  • Control Panel Issues
  • Network Connectivity
  • OS Template/ISO Issues
  • Server Hardware
Questioned Uses

The following are acceptable providing they abide by the rest of this policy:

  • IRC*
  • Game servers** (Private only, as stated above)
  • Desktops environments**
  • VPN servers
  • Torrenting (You must limit your client/seeder to 20Mbps)

* Any activity that results in attacks against our network may result in a suspension and/or termination. ** Use of these must be used cautiously as they can often be very CPU intensive.

Contact Information

For any questions or concerns regarding this Acceptable Use Policy, please contact us:

Email Support

info@datageekscloud.com