Revision Date: 30th May, 2018.
As a provider of web site hosting and other Internet-related services, GekkoFyre Networks offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. GekkoFyre Networks respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, GekkoFyre Networks reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, GekkoFyre Networks has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using GekkoFyre Networks' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that GekkoFyre Networks cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because GekkoFyre Networks cannot monitor or censor the Internet, and will not attempt to do so, GekkoFyre Networks cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that GekkoFyre Networks does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over GekkoFyre Networks' network and may reach a large number of people, including both subscribers and non-subscribers of GekkoFyre Networks, subscribers' postings to the Internet may affect other subscribers and may affect GekkoFyre Networks' goodwill, business, reputation or operations. For these reasons, subscribers violate GekkoFyre Networks policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward GekkoFyre Networks, but also because it can overload GekkoFyre Networks' network and disrupt service to GekkoFyre Networks' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, GekkoFyre Networks will investigate and shutdown the account that is SPAMing. A USD$250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore GekkoFyre Networks reserves the right to prosecute for this violation. A USD$1.00 charge will be assessed PER EMAIL sent should GekkoFyre Networks choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, GekkoFyre Networks does not allow any streaming of audio or video content. Offending accounts will be suspended without notice or terminated.
The act of 'cryptocurrency mining' is strictly forbidden on the networks and servers of GekkoFyre Networks, including for all sub-accounts. This is an activity that is not hosting friendly and uses mass-amounts of CPU resources. Offending accounts will be suspended without notice or terminated.
Distributed Computing Software
This includes but is not limited to; SETI@Home, Node Zero, and Folding@Home. If you require the need to run a distributed cluster of servers then please, firstly contact our technical support staff so that we may determine if we can meet your requirements in the first place. The last thing we desire for is an unhappy customer who dislikes the performance they are obtaining with our services, or dislikes another aspect of the services with which we provide.
IRC, Discord, etc.
Whilst we do have a general rule that disallows chat bots/servers, we do adjust to the needs of a client if need be upon the request of a special exemption to the rules. That is to say, we do presently have clients who use these services on our network after having asked kindly; it all depends on what your requirements are and the software with which you are using. So please, before suddenly going into the deep-end and finding yourself in a spot of trouble, just ask the technical support staff for permission in this case.
Obscene Speech, Materials or Activities
You may not publish or transmit via GekkoFyre Networks' service any content that GekkoFyre Networks reasonably believes:
a) constitutes child pornography;
b) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
c) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
d) is defamatory or violates a person's privacy;
e) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
f) improperly exposes trade secrets or other confidential or proprietary information of another person;
g) is intended to assist others in defeating technical copyright protections;
h) clearly infringes on another person's trade or service mark, patent, or other property right;
i) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
j) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to GekkoFyre Networks;
k) is otherwise malicious, fraudulent, or may result in retaliation against GekkoFyre Networks by offended viewers;
Further to this, GekkoFyre Networks also does not accept material such as:
a) warez, escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites.
GekkoFyre Networks can terminate service for any of the above reasons and it's at GekkoFyre Networks sole discretion to issue a refund in cases that involve these matters.
Defamatory and/or Abusive Language
Using GekkoFyre Networks' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers and/or Networks
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
In most cases, if you use our services consistently in agreement with the Terms of Service, both you and visitors to your server will be able to download/upload as much content as they desire. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. It should be noted that your bandwidth quota - if there is one on your account - is reset at the start of every month.
If allocated a bandwidth allowance
Whether you are allocated an allowance or not is entirely dependent on which hosting plan you obtain with us at GekkoFyre Networks. It will be clearly stated on the product pages whether there is an attached quota or not. This quota varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth quotas within the one month billing period cannot be carried over to the next month.
You may have noticed that some of our non-VPS hosting packages, specifically the CloudLinux LVE ones, come with unlimited email accounts, sub-domains, FTP accounts, databases, and/or attachable domains. It is not limited to this list alone as there can be other services provided that come with an "unlimited" quota also, especially in the future. But all this is subject to how much disk space, memory, and other resources your account has. So you can create as many emails, sub-domains, databases, etc. as you want as long as it's within your accounts' total resource limit. Exceeding the resource limits may contribute to a poor quality-of-service provided by your server, but we do provide the means for you to check CPU, memory, load, etc. usage as often as you wish.
Facilitating a violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
GekkoFyre Networks reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that GekkoFyre Networks determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. GekkoFyre Networks will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with GekkoFyre Networks' policy or applicable law. However, when GekkoFyre Networks becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by GekkoFyre Networks.
GekkoFyre Networks is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching GekkoFyre Networks' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. GekkoFyre Networks does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. GekkoFyre Networks reserves the right to directly take action against a customer of its subscribers. Also, GekkoFyre Networks may take action against the GekkoFyre Networks' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, GekkoFyre Networks anticipates that subscribers who offer Internet services will cooperate with GekkoFyre Networks in any corrective or preventive action that GekkoFyre Networks deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of GekkoFyre Networks policy.
GekkoFyre Networks will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. GekkoFyre Networks may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, GekkoFyre Networks may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. GekkoFyre Networks assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, GekkoFyre Networks may disclose subscriber information or information transmitted over its network where necessary to protect GekkoFyre Networks and others from harm, or where such disclosure is necessary to the proper operation of the system. However, GekkoFyre Networks will never sell information to other services or outside companies.
GekkoFyre Networks expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate GekkoFyre Networks policy. Finally, GekkoFyre Networks wishes to emphasize that, in signing the Service Agreement, subscribers indemnify GekkoFyre Networks for any violation of the Service Agreement, law or GekkoFyre Networks policy resulting in loss to GekkoFyre Networks or the bringing of any claim against GekkoFyre Networks by any third party. This means that, if GekkoFyre Networks is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against GekkoFyre Networks, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including GekkoFyre Networks and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support[at]gekkofyre[dot]io.