Acceptable Use Policy, VPS.SC

This policy sets out what you may not do with the Services, how to report abuse or copyright infringement, and what we do when the rules are broken. It covers every use of the Services, by you and by anyone you let use them. In short: don’t break the law, don’t attack, deceive or harass anyone, don’t send spam, don’t mine cryptocurrency, and don’t use the Services in a way that harms other customers. This policy is part of our Terms of Service, and our Privacy Policy explains how we handle personal data.

1. About this policy

1.1 This policy is part of our Terms of Service and uses words that they define, with the same meanings. Here are the ones it uses, word for word as our Terms of Service give them:

“VPS.SC”, “we”, “us” and “our” mean Jooule LLC doing business as VPS.SC.
“you” and “your” mean the person who accepts these Terms and, when that person acts for a business or other legal entity, that entity too.
“Services” means everything we provide under the VPS.SC name: Machines, storage, networking, DNS hosting, the content delivery network (CDN), the Workspace, our programming interfaces and our support.
“Account” means one person’s own login to the Services.
“Content” means the software, files and data that you, or anyone acting through your Account or your Machines, store on or send through the Services: what is on your Machines and volumes and in their snapshots and backups, the files in your CDN zones, and your DNS records.
“Machines” means the virtual machines (virtual servers) created through the Services.
“Resources” means Machines and everything else created through the Services, such as volumes, snapshots, backups, IP addresses, firewalls, DNS zones and CDN zones.
“Workspace” means our customer panel at my.vps.sc.

In this policy, “these Terms” in those definitions means our Terms of Service.

1.2 If you break this policy, you also break our Terms of Service.

1.3 The examples in this policy show what we mean. They are not a complete list.

2. Who this policy covers

2.1 This policy covers every use of the Services: by you, by the people you invite to work with you, and by anyone else you let use the Services or what you run on them. That includes your own customers and the visitors to your sites.

2.2 You are responsible for what they do. If one of them breaks this policy, we treat it as a breach by you. You must stop it as soon as you know about it.

2.3 If you offer services of your own on top of ours, for example hosting for your clients, section 6.7 of our Terms of Service applies: hold your users to rules at least as strict as these, and deal promptly with any report we pass on to you.

2.4 This policy applies even when the harm comes from a Machine that someone broke into. Keep your Machines secure: keep their software up to date, use strong passwords or SSH keys, and leave open only the services you need. Our Terms of Service say more about your responsibility for your Machines.

2.5 The Services are not for anyone under 18 (section 1.5 of our Terms of Service): Account holders, and the people who manage Resources through the Services, must be at least 18. This does not stop our customers’ lawful sites and apps from serving younger people.

3. What is not allowed

You must not use the Services, or let or help anyone else use them, for any of the following.

3.1 Illegal content and activity

Anything that breaks a law that applies to you, to us or to the people affected, including the law of the place where your Machine runs.
Storing, publishing or selling anything illegal, or offering illegal goods or services, such as illegal drugs or weapons.
Content that supports or promotes terrorism.
Breaking export control or sanctions laws that apply to you or to us, for example by letting a person or a country that those laws bar use the Services.
Collecting, using or sharing other people’s personal data against the law.

3.2 Child sexual abuse material

Never store, share, link to or publish material that shows or promotes the sexual abuse or exploitation of children. This includes drawn, animated and computer-generated images. There are no exceptions.

When we learn of such material on the Services, we stop access to it as fast as we can, without notice, for example by stopping the Machine or switching off the CDN zone it is on. We keep the evidence the law requires us to keep. We report it to the National Center for Missing & Exploited Children (NCMEC) and to the authorities, as the law requires. We close the Accounts used to store or share it.

3.3 Infringing other people’s rights

Copying, storing, sharing or selling material that infringes someone else’s copyright, trademark, patent, trade secret or other intellectual property. Examples are pirated films, music, games or software, and counterfeit goods.
Sharing software cracks, stolen license keys or other ways around copy protection.
Running software without the licenses it needs.

3.4 Malware and phishing

Creating, hosting, sending or controlling malicious software, such as viruses, worms, ransomware, spyware and trojans, or botnets and the servers that command them.
Running code on other people’s devices without their consent, for example scripts that use visitors’ browsers to mine cryptocurrency.
Phishing: pages or messages that pretend to come from someone else, to trick people into giving away passwords, payment details or other personal data.

3.5 Spam and unsolicited bulk messages

Sending, or helping to send, bulk or commercial messages that the recipients did not ask for. This applies to email and to every other channel, such as messaging apps, comments, forums or social networks.
Sending messages with false or misleading headers, sender details or subject lines.
Sending mail to lists that were bought, rented, harvested or scraped, or to people who did not clearly agree to hear from you.
Collecting email addresses or other contact details in order to spam them.
Advertising a site or service hosted on the Services through spam, wherever the spam is sent from.

3.6 Mail sent from your Machines

Mail your Machines send must follow these rules:

You are responsible for all mail your Machines send, including mail sent by your users or by software someone else put there.
A mail server you run must send mail only for you and your users: it must never be an open relay (section 3.8).
Bulk mail goes only to people who asked for it. It says who sent it and carries a working way to unsubscribe, and requests to unsubscribe are honored promptly. It follows the anti-spam laws that apply to it, such as the CAN-SPAM Act in the United States.
Deal promptly with bounces and complaints. If mail from your Machine gets our IP addresses listed on a blocklist, stop sending, and fix the cause before you start again.

Outbound mail on port 25 is open on every Machine from the start. We may block or limit it, for a Machine or for all of an Account’s Machines, when their mail breaks this policy or puts the reputation of our IP addresses at risk.

3.7 Attacks and probing

Attacking, disrupting or overloading any network, system or service, for example with denial-of-service attacks, floods or amplification attacks.
Scanning or probing systems that are not yours, for example with port scans, vulnerability scans, password guessing or credential stuffing, unless their owner has given you written permission. Section 4 covers security testing.
Breaking into, or trying to break into, systems, accounts or data you are not allowed to access, or getting around their security.
Intercepting, monitoring or redirecting traffic that is not meant for you.
Forging the source address of your traffic, or using IP addresses we have not assigned to you.
Crawling or scraping websites in a way that overloads them.

3.8 Open proxies, relays and Tor exits

Running an open mail relay (section 3.6).
Running an open proxy, or an open DNS or NTP server, that others use for abuse, such as sending spam, hiding attacks or amplifying floods.
Running a Tor exit relay.

You may run VPN and proxy services. If you run a proxy, a VPN, a relay or a resolver, set it up so that it can’t be used for abuse. If you learn that it is being abused, fix it at once.

3.9 Fraud and identity misuse

Deceiving people to get money, data or anything else of value, for example through scams, fake shops, pyramid schemes or investment fraud.
Pretending to be another person or organization, including VPS.SC or our team.
Giving false information to get or use the Services, including false billing details.
Using someone else’s Account or sign-in details.
Paying with a card or an account you are not allowed to use, disputing a payment you know was proper, or using codes you are not entitled to.
Faking clicks, views, likes, reviews or votes, or creating accounts in bulk on other services against their rules.

3.10 Harassment and threats

Harassing, bullying, stalking or intimidating anyone.
Threatening violence, or encouraging others to commit it.
Publishing someone’s private information, such as their home address or identity documents, to expose or harm them.
Sharing intimate images of someone without their consent.

3.11 Harming other customers or the Services

Using the Services in a way that degrades them for other customers. Examples are keeping shared vCPUs fully busy for long periods and very heavy disk or network use. A Machine with shared vCPUs shares its host’s processors with the other Machines on that host, which may be other customers’.
Getting our IP addresses listed on blocklists, or otherwise putting the Services or the networks they use at risk.
Interfering with our hosts, the networks we use or any other system we use to run the Services.

3.12 Getting around our limits or security

Getting around, or trying to get around, any limit we set on the Services, such as limits on requests, sign-in attempts, payments or the number of Resources.
Getting around a suspension, a block or a removal, for example by carrying on under another Account.
Testing, scanning or probing the Services themselves (the Workspace, our apps and interfaces, our hosts and the networks we use), unless we have agreed it with you in writing.
Trying to reach anything you are not allowed to, such as other customers’ Resources or Content, or the tools our team uses.
Trying to break out of a Machine into its host or into other customers’ Machines.
Interfering with how we measure or charge for your use of the Services.

3.13 Reselling

Reselling or sharing the Services, or access to them, in a way that section 6.7 of our Terms of Service does not allow, for example by letting others use your Account or by offering the Services as if you were us.

If you offer services of your own on top of ours, section 2.3 applies.

3.14 Cryptocurrency mining

Mining cryptocurrency on the Services, by any method and on any Machine, whether its vCPUs are shared or dedicated.

4. Security research

4.1 You may test the security of your own Machines, of the software you run on them, and of other systems that are yours.

4.2 You may test the security of a system that is not yours only with its owner’s written permission, and only as far as that permission goes. If we ask, show us the permission. Don’t test the Services themselves unless we have agreed it with you in writing (section 3.12).

4.3 Your tests must not harm other customers or the Services (section 3.11). For example, a load test of your own Machine must not flood the network it shares with others.

4.4 If you find a security weakness in the Services, tell us at hello@vps.sc. Don’t use it or test it further, and don’t share it with others until we have fixed it.

5. Reporting abuse

5.1 Anyone can report abuse of the Services, such as spam, attacks, phishing, malware or infringement, by email to hello@vps.sc. If you have an Account, you can also open a ticket in the Workspace.

5.2 Please include what helps us find the problem and act on it:

your name and how to reach you, except that you do not need to identify yourself to report child sexual abuse or exploitation;
what happened, and what kind of abuse it is;
the IP addresses, domain names or web addresses involved;
when it happened: the date, the time and the time zone;
evidence, such as log lines, the full headers of a spam message, or screenshots.

We look at a report even if a detail is missing. Never send child sexual abuse material itself (section 5.5).

5.3 Copyright notices. If you believe that Content on the Services infringes your copyright, send a notice to hello@vps.sc, or by post to the address at the end of this policy. So that we can act on it, your notice must include:

your physical or electronic signature, as the owner of the copyright or a person allowed to act for the owner;
the copyrighted work you say is infringed or, if there are several, a list of them;
the material you say infringes it, with enough information for us to find it on the Services, such as its web address or IP address;
your name, postal address, phone number and email address;
a statement that you believe in good faith that the use of the material is not allowed by the copyright owner, its agent or the law; and
a statement that the information in your notice is accurate and, under penalty of perjury, that you own the copyright or may act for its owner.

If you report that something infringes another right of yours, such as a trademark, tell us the right, where the material is on the Services, and why you think it infringes that right.

5.4 Counter-notices. Material you put on the Services may be removed, or access to it stopped, because of a copyright notice. If you believe that this happened by mistake or because the material was misidentified, you can send a counter-notice to hello@vps.sc, or by post to the address at the end of this policy. It must include:

your physical or electronic signature;
the material that was removed or to which access was stopped, and where it was before;
a statement, under penalty of perjury, that you believe in good faith that the material was removed or access to it was stopped by mistake or because it was misidentified;
your name, postal address and phone number; and
a statement that you agree to the jurisdiction of the federal district court for the judicial district where your address is or, if your address is outside the United States, of any judicial district in which we may be found, and that you will accept service of process from the person who sent the notice, or from their agent.

We send a copy of your counter-notice to the person who sent the notice, and tell them that we will allow the material back after 10 business days. Unless they tell us before then that they have gone to court to stop the infringement, we allow the material back, or lift the restriction on it, 10 to 14 business days after we receive your counter-notice.

5.5 Never send us material showing the sexual abuse of children, not even to report it. Send only where you found it, such as its web address. You can also report it to NCMEC’s CyberTipline or to the police.

5.6 We may share the information needed from a report with the customer concerned so they can respond or put things right. We disclose the reporter’s identity or contact details only where necessary for that purpose or required by law. Tell us about any safety or confidentiality concern; where appropriate and lawful, we tell you before disclosing identifying details. A copyright notice may need to be forwarded in full to handle the claim, and we explain that when practicable. A copyright counter-notice is forwarded as section 5.4 requires. Our Privacy Policy explains this handling too.

5.7 We confirm that we have received your report, if it tells us how to reach you, and we tell you what we decided, unless the law does not allow it or telling you would put people at risk.

5.8 Don’t send reports you know are false, or reports meant to harass a customer. Knowingly false statements in a copyright notice or counter-notice can make you liable for damages.

6. How we respond

6.1 When we learn of a possible breach of this policy, from a report or in any other way, we may look into it. You must answer our reasonable questions about it.

6.2 Depending on how serious it is, we may do one or more of these things:

warn you and ask you to fix the problem;
limit a Resource, for example by lowering a Machine’s network speed or blocking its outbound mail;
ask you to remove Content, or stop access to it, for example by stopping a Machine or switching off a CDN zone;
stop or suspend a Resource, such as a Machine or a CDN zone;
delete a Resource;
suspend your Account: you are signed out everywhere and can’t sign in until we lift the suspension;
close your Account;
refuse to provide the Services to you again.

Section 7.3 of our Terms of Service lists what our team can do in your Account.

6.3 We choose what to do by the harm done, how long it has gone on, whether it has happened before, and how quickly you act. We don’t have to take these steps in order.

6.4 Section 10.2 of our Terms of Service sets the rule on notice, and it applies here too:

Where we reasonably can, we tell you first and give you time to fix the problem. We may act at once, without telling you first, when the harm is ongoing or serious, when the law requires it, or when telling you first would put people at risk or get in the way of an investigation. When we act without telling you first, we tell you afterwards what we did and why, unless the law does not allow it or it would put people at risk.

Harm is ongoing or serious, for example, when an attack is in progress, when malware or phishing is being served, when a Machine someone broke into is being used against others, or when material described in section 3.2 is found.

6.5 We send our notices by email to the address of the Account concerned. When we act, our notice says what we did, which rule it was about, and how to ask us to look at it again (section 6.8).

6.6 We may close the Account of anyone who infringes other people’s rights again and again.

6.7 We may keep records, and copies of Content, linked to a breach. We share those records and copies with law enforcement or other authorities where the law requires it. Section 12.2 of our Privacy Policy limits what we keep of Content and what we may do with it. Sections 4 and 6 of our Privacy Policy explain when we share personal data and how long we keep it.

6.8 If you think we got it wrong, reply to our notice or write to hello@vps.sc, and tell us why. A person reviews the decision and explains the outcome. Asking us to look again does not take away any legal remedy you have.

6.9 Our Terms of Service also apply when we suspend or close an Account, including what happens to your Content (section 10 of our Terms of Service).

7. No duty to monitor

7.1 We are not required to monitor the Services or your Content, and we don’t promise to find every breach. You remain responsible for your Content and for how the Services are used under your Account.

7.2 We may still look into reports and possible breaches, as section 6 describes. Our Privacy Policy explains what personal data we collect while we run the Services.

7.3 If we don’t act on a breach straight away, we may still act on it later.

8. Changes to this policy

8.1 We may change this policy, for example when the Services or the law change, or to deal with new kinds of abuse.

8.2 We publish each new version with its “Last updated” date. If a change materially affects you, we tell you by email to your Account’s email address at least 30 days before it takes effect.

9. Contact us

For questions about this policy, and to report abuse:

Email: hello@vps.sc
Phone: +1 (347) 837-7382
Site: vps.sc

The same email is our electronic contact point for customers, reporters and public authorities about this policy. We handle communications in English. You can reach a person through it; contact is not limited to an automated tool.

By post:

VPS.SC is a trade name of Jooule LLC,
a New York limited liability company.
41 State Street, Suite 112
Albany, NY 12207 · United States