Legal

This Acceptable Use Policy (the “AUP”) describes prohibited uses and acceptable practices relating to the use of ARC HOST PTY LTD and its affiliates (“Arc Host”, “us”, “our”)’s network of internet properties (including online platforms, websites and applications), products, materials and online services (collectively, the “Services”) by Arc Host’s customers and users that have gained access to the Services by visiting, purchasing Services and/or registering accounts (collectively, “You,” “Customers,” or “Users”). The Services must be used in a manner that is consistent with the intended purpose of the Services and the terms of the applicable agreement with Arc Host, including our Terms of Service (the “Terms”) to which this AUP is incorporated by reference.

The examples described in this AUP are not exhaustive. We may modify this AUP at any time by posting a revised version on the Services. By using the Services, You consent to be bound by the terms of the latest version this AUP. Terms not defined herein are defined in our Terms of Service. You agree to comply with this AUP. You also agree to require your end Users to comply with this AUP. If you violate the AUP or authorize or help others to do so (including your end Users), we may suspend or terminate your use of the Services and delete your Account.

1. No Illegal, Harmful, or Offensive User Content, or Use.

You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, criminal, unlawful, harmful, fraudulent, infringing or offensive use or enterprise, or to transmit, store, display, distribute or otherwise make available information or content (including User Content) that is illegal, unlawful, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

• Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, tortious, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
• Infringing Content and/or Use. Content that infringes or misappropriates the intellectual property or proprietary rights of others, including unauthorized disclosures of private information, or taking information directly from Arc Host and/or our Users, and using it for your own personal or business purposes without permission or proper attribution. You agree NOT to attempt to resell Arc Host’s products and/or access to the Services without our written permission.
• Offensive Content. Content that is harmful to minors in any way, defamatory, libelous, obscene, abusive, threatening, discriminatory, harassing, invasive of privacy, false, intentionally misleading, patently offensive, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, depicts non-consensual sex acts or that promotes racism, bigotry, hatred, religious intolerance, misogyny, or physical harm of any kind against any group, individual or animal.
• Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
• False Content. Submitting any content or information that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to misrepresenting your current or previous qualifications, or your affiliations with a person or entity, past or present, or assuming another’s identity.

2. No SPAM, E-Mail or Other Message Abuse.

You agree to comply at all times with our Anti-Spam Policy. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “SPAM”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not use ANY of our communication tools (forums, messaging, feeds) to market other businesses or opportunities not related to (or approved by) the Service.

3. No Security Violations.

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

• Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• Interception. Monitoring of data or traffic on a System without permission.
• Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route.

4. No Network Abuse.

You may not make network connections to any Users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

• Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
• Denial of Services (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
• Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
• Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
• Excessive Use. In the event any instance uses excessive CPU from your activities that are not otherwise prohibited, Arc Host reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.

5. Authorized Use.

You agree to (i) comply with this AUP, (ii) comply with all laws and regulations applicable to you, including, without limitation, criminal laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements within your field; and (iii) use the Services in a professional manner.

6. Our Monitoring and Enforcement

We reserve the right but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may:

• investigate violations of this AUP or misuse of the Services;
• review any User Content, and remove, disable access to, or modify any content or resource (including User Content) that violates this AUP or any other agreement we have with you for use of the Services;
• monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you.

If you violate this AUP or any other provision of the Terms of Service or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, 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. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.

Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this AUP.

In accordance with our Privacy Policy, we also may share and/or use your information to protect the safety, rights, property, or security of Arc Host, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that Arc Host, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce this Acceptable Use Policy, and our Terms of Service.

Arc Host does not control or endorse the Content, messages or information found in the Services and, therefore, Arc Host specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. Arc Host shall have no obligation to maintain any Content after termination of the Services.

7. Sample list of Prohibited Activities

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:

• 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).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
• 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.
• 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.
• 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 right of any party.
• 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.
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• 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.
• Restrict or inhibit any other user from using and enjoying the Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Service.
• Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site’s privacy policy (if any).
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Host TOR exit nodes.
• 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.
• 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.
• 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 Arc Host IP space or ASN.
• Utilizing autodialers or other VOIP based robocalling software.
• Arc Host customers are NOT permitted to utilize and deploy our services to conduct and deliver DOS/DDOS mitigation as a service.
• Use the Service for CPU (Central Processing Unit) or GPU (Graphics Processing Unit) cryptocurrency mining.

8. Reporting of Violations of this AUP

If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this AUP, please contact us at [email protected].