Customer VPS Product Agreement
GIRAFFECLOUD LLC (hereinafter referred to as “Parent” or “GIRAFFECLOUD”)
The following is GIRAFFECLOUD Acceptable Use Policy (‘AUP’). By using GIRAFFECLOUD Posting services (‘Services’), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. GIRAFFECLOUD reserves the right to amend this AUP at any time, with or without notice to you. GIRAFFECLOUD agrees to post any changes to this AUP on the GIRAFFECLOUD Homepage (located at http://www.giraffecloud.com), and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.
Pursuant to your Posting Services Agreement, GIRAFFECLOUD may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, GIRAFFECLOUD may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by GIRAFFECLOUD, or any services provided by a third party, or interfere with any other party’s use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
1. Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
4. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
5. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
6. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
7. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property.
8. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
9. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
10. Restrict or inhibit any other user from using and enjoying the Services.
11. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
13. Violate any applicable laws or regulations.
14. Create a false identity for the purpose of misleading others.
15. Host TOR exit nodes.
16. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
17. Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
18. Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of GIRAFFECLOUD IP space or ASN.
GIRAFFECLOUD reserves the right at all times to disclose any information as GIRAFFECLOUD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GIRAFFECLOUD’s sole discretion.
GIRAFFECLOUD does not control or endorse the content, messages or information found in any Service and, therefore, GIRAFFECLOUD specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.
In the event, any instance uses excessive CPU from activities such as cryptocurrency CPU mining, GIRAFFECLOUD reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.
GIRAFFECLOUD has no obligation to monitor the Services. However, GIRAFFECLOUD reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. GIRAFFECLOUD reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Posting Terms of Service. Upon termination of the Service, your right to use the Service immediately ceases. GIRAFFECLOUD shall have no obligation to maintain any content termination of the Services.
NO SPAM; DAMAGES
GIRAFFECLOUD will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk emails.
NOTICE OF CLAIMED INFRINGEMENT
GIRAFFECLOUD respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GIRAFFECLOUD’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please do not send other inquiries or information to our Designated Agent.
NOTICE AND TAKE DOWN PROCEDURES
GIRAFFECLOUD reserves the right at any time to implement a ‘notice and takedown’ procedure upon receipt of any notification of claimed infringement. GIRAFFECLOUD reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.