This Acceptable Use Policy (AUP) specifies the actions prohibited by EXServers SA. EXServers SA reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this webpage. Use of EXServers SA services is conditional upon acceptance of AUP. It is Customer’s responsibility to regularly check for modifications. (Customers, users, and visitors are referred collectively as Customer)
All abuse complaints and disputes on issues not listed in our AUP will be dealt with according to the laws of Republic of Seychelles. The court of Republic of Seychelles shall have exclusive jurisdiction in the event of disputes resulting from or relating to any complaints, disputes or agreements between the Customer and the complainant. Should the complainant agreed to leave the dispute decision to the laws of Republic of Seychelles, the complainant shall accept that EXServers SA as the content hosting provider cannot be held liable for any consequential, incidental, exemplary, punitive or multiple damages. Until the decision of the dispute is made known, EXServers SA reserves the right to continue providing the services to the Customers.
Suspension of services may be caused by abuse and violations of system or network security. These offences may result in suspension, cancellation or criminal and civil liability. Using EXServers SA’s network, services, or systems to store or send content which is illegal according to the laws of Republic of Seychelles is not permitted for any reason. Examples of system or network abuse or security violations include, without limitation, the following:
Hacking
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized Monitoring
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Offensive Material Use of EXServers SA service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Fraud Use of EXServers SA service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.
Virus, Trojan and Malware Distribution
Use of EXServers SA service to distribute Virus or any other forms of data which can cause considerable harms to any network. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
System Resources Overload
Overload of EXServers SA services until the system performance or other customers’ business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.
Spam (UNSOLICITED EMAIL)
Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the EXServers SA network, nor to collect responses from UCE or Spam regardless of whether sent over the EXServers SA network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer’s identity in connection with use of the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers.
Internet Relay Chat (IRC) for Botnet
IRC is well-known for being a platform for a Command and Control or “C&C” type of technology, where malware that was placed (or downloaded and ran) on a machine on local network connecting outbound, “beaconing” back to the C&C server (generally just an IRC channel with a password) so that the Master of the malware could control the other computers known as a botnet.
Distributed Denial of Service (DDoS)
No EXServers SA resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, EXServers SA will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.