Legal

Terms of Service

Terms of Service

Last Modified: February 25, 2017

This Acceptable Use Policy (AUP) and Terms of Service (TOS) applies to all individuals, businesses, organizations, resellers, and end-clients (collectively, "users") employing any SwitchVM services, hardware, property or other products.

Use of SwitchVM resources constitutes acceptance of all policies in effect at the time of use. Modification to this policy may be made at any time and will be immediately effective upon posted changes.

SwitchVM reserves the right to protect its resources, users, and reputation from any activity deemed damaging, offensive or abusive. To this measure, SwitchVM will act as sole arbiter in determining violations of this policy.

In accordance with the Office of Fair Trade, notice is hereby given that once SwitchVM delivers the ordered Service, you are honour bound to this contract and your cancellation rights are considered at an end (See section 3.25 of the OFT Guide on Distance Selling - http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf). Furthermore SwitchVM does not offer refunds for any reason; it is our sole discretion to provide a refund.

Provisions

Use of SwitchVM services indicates the acknowledgment that: Users are responsible for the security of accounts, systems, passwords, etc... and will not hold SwitchVM liable for any loss or damages caused by exploitation or any other misuse of SwitchVM resources. SwitchVM is not responsible for any damages, anticipated or otherwise, caused by viewing materials, links, or other content posted to systems on the local network or linked via this network. All users agree to indemnify SwitchVM from any claims resulting from any use of its services. Adult content is sanctioned by applicable local and federal governments/laws. Legal adult content is permitted on all SwitchVM product lines. The viewing, downloading, or possession of legal adult content by SwitchVM users and other Internet viewers, is not governed by SwitchVM policy, and is left to the discretion of individuals requesting this material. SwitchVM may monitor its network and audit systems for any data or activity indicating potential policy violations. SwitchVM reserves the right to remove any account without prior notice. If SwitchVM deactivates an account due to the direct or indirect participation of users engaging in illicit activities, any rights to a refund are forfeited by the client/reseller in control of the account at the time of the violation. Furthermore, no refunds for advance payments will be granted for deactivated accounts. Critical offenses and involvement in illegal activity will negate any perceived obligation of SwitchVM to return data.

Abusive Clientele

SwitchVM may, at its discretion, suspend or terminate the service of any client/reseller who is financially delinquent, abusive/harassing to SwitchVM personnel, or causes general disruption to the operation of the company and service of its users.

Abuse of SwitchVM Systems and Resources

Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of SwitchVM resources, is a violation of this policy. Any attempt to harm equipment owned by SwitchVM, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.

Illegal Usage Restrictions

  • Resources provided by SwitchVM may be used only for lawful purposes. Examples of unlawful content include, but are not limited to:
  • unlicensed hosting of, linking to, or any involvement in the transmission of copyrighted media, applications, published works, or any data protected by trade secret, without sufficient rights to engage in this activity
  • child pornography and/or kidnapping material
  • content deemed to be terroristic in nature
  • material posted to incite violence
  • violations of human and animal rights, including the display of acts of cruelty and other abuse
  • pyramid/ponzi schemes
  • fraudulent sites and other forms of "phishing" (emails/forms/sites used to gather personal information from unsuspecting individuals)
  • cracking programs and/or key generators
  • violations of import/export restrictions

Prohibited Usage Restrictions

  • In addition to activities governed by law, SwitchVM strictly prohibits:
  • IRC and associated applications (including bouncers, "bots", etc.)
  • malware (malicious software) and/or botnets
  • automation tools, auto typers, macros and bots used to circumvent restrictions on games or other applications (e.g. RuneScape bots)
  • network and systems abuse scripts
  • circumvention of and/or provision of instructions to circumvent security measures
  • unnecessary port scans
  • threatening, harassing, or obscene content
  • anonymizers/proxies without password protection and sufficient logging (including open mail proxies, anonymous web surfing proxies)
  • proxy detection scripts
  • unsolicited and/or mass advertising via forums, blogs, comment forms, and newsgroups
  • mail bombing, email address harvesting, and/or unsolicited email (including bulk mail sent to unconfirmed recipients and individual unsolicited advertisement or link exchange requests)
  • HYIPs (high-yield investment programs)
  • excessive overutilization of resource limits
  • evasion of bans or blacklistings by changing domains/IPs

*** Links to unacceptable content are also prohibited.

Bulk Email & Blacklisting

Spamming from the SwitchVM network, and spamvertising (unsolicited advertising of) sites hosted on the SwitchVM network, is prohibited.

Legitimate bulk email meets the following criteria:

ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails.
Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.

The usage of partially confirmed recipient lists is not allowed.

All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited.

If SwitchVM approaches a client for evidence of confirmation, the request must be honored within 48 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved.

SwitchVM reserves the right to require termination of any services involved in the transmission of unsolicited email.

If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $100.00.

Furthermore, all clients are required to follow the CAN-SPAM Act which can be found here: http://business.ftc.gov/sites/default/files/pdf/bus61-can-spam-act-compliance-guide-business.pdf

Policy Violations

Storage, presentation, or transmission of any material in violation of any laws, or otherwise prohibited by SwitchVM, is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services.

The SwitchVM Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled.

Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the satisfaction of SwitchVM, within 24 hours of the notice. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a $50.00 fee. If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated.

Repeated abuse and/or failure to respond to abuse alerts will result in service termination.

Note: It is extremely important to ensure that the abuse email address on record is valid and monitored at all times. This is the address used for abuse notifications and warnings. The address may be set within the client management interface.

Direct clients are fully responsible for any activity found to originate from products and/or services under their care. In any case involving unauthorized parties utilizing a SwitchVM service for abuse, the direct client/reseller is responsible for locating and stopping all affected applications, until the source of the problem is found and removed. SwitchVM may opt to disable all services until the client can perform such an investigation or the system can be secured or reinstalled. If the support of SwitchVM is required for the investigation, the client agrees to compensate SwitchVM at a rate of $65 USD/hour for such service. Reinstallations are performed at a flat-rate of $25 USD (which does not include any operating system changes or licensing costs).

SwitchVM will not be responsible for securing dedicated servers, virtual private servers, user accounts/web sites, or third-party applications.

Direct clients with fully managed support services, may be entitled to a higher level of support than clientele with basic management. Further details may be found in the SwitchVM Managed Services Definition and Backup Policy.

Resource Usage

Resource usage should be maintained within levels outlined in product descriptions and/or service contracts. Abuse caused by users or unauthorized parties may increase resource usage and lead to overage fees.

Bandwidth is supplied from a shared pool and is not supplied as guaranteed/dedicated bandwidth, unless advertised as such specifically. Burstable usage of the UNMETERED service/port is permitted. However, a service that has heavy sustained usage may have its port capped and the client/reseller associated with the service may be required to upgrade to a dedicated service plan.

UNMETERED service is supplied on a "best-effort" basis, which may result in some slowdowns during peak traffic periods.

Filtering

SwitchVM reserves the right to block, filter, or throttle ports and/or IP address ranges. For example, this may include blocking Port 6667 (IRC), denying access from a known spammer's IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, eDonkey, etc...). This may also include prioritization of certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

To reduce the load on a server, SwitchVM reserves the right to relocate any site to a different server and/or IP address.

Virtual Private Servers (VPS)

To maintain the integrity of SwitchVM services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage. Additionally, to reduce the load on servers, SwitchVM may relocate virtual private server containers to different nodes and/or IP addresses.

General

Email: hello@switchvm.com

DMCA / Abuse Contact

Email: abuse@switchvm.com

Spam Complaints

Email: abuse@as62471.net