Frequently Asked Question

Terms of Service
Last Updated 10 years ago

Terms of Service

Acceptable Use Policy Summary

NOTICE: This section serves as a summary of the complete Acceptable Usage Policy (AUP) that follows. It is meant as a quick reference, not an exact definition of terms. See each individual section for complete terms and conditions.

Resource Abuse

- Affecting other clients intentionally will affect your tenancy.

- You are responsible for `poor code` on the plugins you run.

Spam & Unsolicited Communication

- Spam == Termination. There are no second chances.

Content

- Rule of Thumb: If it's legal in the US, it's fine by us.

- We enforce legal DMCAs without reservation.

- Phishing/Scam/Shock content is strictly prohibited.

- Child Porn == FBI at your door. No exceptions.

1) Resource Abuse

1.1) Resource abuse consists of any activity, intentional or otherwise, which consumes enough system resources to affect other clients or equipment.

1.2) If your account is in violation for non-severe prohibited usage, the following steps will be taken in dealing with the infraction:

1.2.1) First Offense: A written warning detailing the offense will be issued via email addressing the infraction. We may disable offending plugins or add-ons.

1.2.2) Second Offense: A written warning will be issued and offending plugins will be disabled.  At our discretion, service may be suspended.  You will have 48 hours to respond to explain the issue. After receiving a suitable explanation, services will be reactivated.

1.2.3) Third Offense: A termination notice will be issued, all service(s) on the account will be terminated with no compensation or data retrieval.

1.3) Any intentional abuse of resources, including but not limited to: DDoS Attacks, Port Sniffers, Network "security" scanners, UDP/SYN Floods, Forkbombs, Unauthorized Access, and GET floods, will result in immediate termination of services, and a permanent ban on the account.

2) Spam & Unsolicited Communication

2.1) Spam of any sort is strictly prohibited. Any client found to be sending spam or unsolicited communications will be immediately terminated, and will be banned from all further services.

2.2) Any client wishing to send solicited/registered communications (Example: A voluntary mailing list) _MUST_ follow all best practices when setting up a mailing list. A good article on what this means can be found here: http://kb.mailchimp.com/article/best-practices-for-lists/

3) Content (Public & Private)

3.1) Any data, material, or content hosted will be considered `public`, regardless of any actual access restrictions placed by the client. (This describes data availability, not your copyright.)

3.2) Any legal DMCA received for content/data on the client's service(s) will be forwarded to the client via email, and must be resolved within 1 business day.

3.2.1) If the DMCA is not settled within 1 business day, the service in question will be suspended without compensation until the client authorizes a TechSurgeons staff member to manually remove the offending content/data from their service.

3.2.2) Repeated DMCAs received for the same service will result in termination of the offending service(s) with no compensation given.

3,2.3) Any DMCA which results in legal action against TechSurgeons LLC or any related enterprise will result in immediate termination of all services, with no compensation given. TechSurgeons LLC reserves the right to collect costs of legal actions from client.

3.3) Serious infractions to this policy (Child Pornography, AnonOps/etc affiliation, etc) will result in an immediate suspension of all services related to the account pending a full audit. Any information found during this audit will be held pending federal investigation.

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