This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into VPSNERDS Terms of Service.
By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable and the types of uses which are to be avoided.
Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses: illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, harassment, fraud, drug dealing, IRC, spam and other illegal activities.
Should you have any questions regarding this Agreement, or any of our other policies, please contact us by emailing sales@vpsnerds.com
This is a legal document that all customers of Group44 Pty Ltd (VPSNERDS) are required to accept.
Last updated 17 Jan. 2018.
“Provider” or “VPSNERDS” refers to Group44 Pty Ltd ABN 24 703 434 664 and ACN 703 434 664 trading as VPSNERDS.
“Service” or “Services” refers to the products or services ordered from VPSNERDS.
“Customer” refers to the person or organisation purchasing or receiving a product or service from VPSNERDS.
“Customer Service” means the relationship between VPSNERDS staff and the Customer, with the purpose of assisting the Customer with a question they have asked.
“My Account” refers to the billing account supplied to the Customer upon registration, accessible at https://myaccount.vpsnerds.com .
The Customer signified acceptance of our Acceptable Use Policy, as well as our Terms of Service, and Privacy Policy, when they submitted their order to VPSNERDS for Services, and that order was accepted.
The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
The Customer may not publish, transmit, distribute or store any content or material on VPSNERDS servers or network that VPSNERDS believes to be:
The following Services
May not for used for storage of backup archives nor any data which is not directly related to and accessible through the website itself.
Services, including but not limited to cpanel web hosting, windows web hosting, dedicated servers, virtual servers and colocation may not be used for:
VPSNERDS expressly forbids the use of its servers and network infrastructure for the purposes of SPAM mailings or any other mass mailing which could reasonably be defined as unwanted and/or unwarranted.
VPSNERDS allows the use of its servers and network infrastructure for mass mailings based on a mailing list – whether compiled or purchased – in accordance with Australia’s Spam Act 2003 and associated amendments.
In summary: you must have received consent from all persons and/or entities on that list to receive e-mail messages from you or you must have a reasonable previous association with such persons in order to send them e-mail messages as part of a bulk mailing.
For more information on Australia’s Spam Act 2003, please see:
http://www.dbcde.gov.au/online_safety_and_security/spam/anti-spam_legislation
VPSNERDS maintains daily backup images of files and databases to be restored in the event of a system failure, for the following services:
The Customer warrants they will maintain a local or off-site backup of their Service data at all times.
As per the Terms of Service, VPSNERDS will not be held liable for data loss under any circumstances and it is the Customer’s sole responsibility to ensure that they have a backup of all data.
Per CPU core limits apply to all shared cPanel hosting services and are limited to the following via CloudLinux:
All limits are enforced utilizing CloudLinux software that monitors resources on all shared cPanel hosting services.
A “503 Service Temporarily Unavailable” page will be displayed to visitors whom attempt to visit the page whilst the limits are being exceeded.
All shared cPanel and Windows services, the customer may not:
The Customer agrees that they will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the systems of VPSNERDS.
The Customer understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Examples of violations are:
VPSNERDS will take every reasonable measure to mitigate denial of service attacks, however accepts no responsibility for such.
Any Service(s) that are found to be in breach of this policy but have not caused any known inconvenience to other Customers will result in an email notification being sent to the Customer asking for changes to be made in order to comply with this policy. The Customer is required to acknowledge this email and advise VPSNERDS what actions have been taken to remedy the breach. Failure to comply may result in the Service(s) being suspended without additional warning.
Any Service(s) that are found to be in breach of this policy that have caused issues and/or degradation of service for other Customers will result in immediate suspension followed by an email notification requesting changes be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed to remedy the breach.
Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email notification requesting changes be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed to remedy the breach, and a re-activation fee has been paid in full.
Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach will result in immediate suspension followed by an email notification advising that the Service(s) must be moved to another provider immediately. VPSNERDS will supply the Customer with a backup archive of their files if available, and termination of the service and all backup data will occur within seven (7) days. If the Customer does not respond to this notice, the Service(s) may be terminated without further notification.
Suspension notification emails (as detailed in 8.1 to 8.4) will be sent to the nominated account holder email address, and the Customer warrants that, in line with the Terms of Service, this address will be kept current and up to date. We recommend using an externally hosted email address to ensure continued delivery of important service information and notifications.
The Customer will be solely liable for any fees or charges that are paid by VPSNERDS to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.
As per the Terms of Service, the Customer will not be entitled to a refund or credit if any of VPSNERDS Terms, Policies and Agreements have been breached.
VPSNERDS may amend our Acceptable Use Policy at any time. Changes to this agreement will become effective upon publication to our website.
Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services in-line with our cancellation policy found within our Terms of Service.
