As a provider of web site hosting and other Internet-related services, CubeData 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. CubeData respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, CubeData reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, CubeData 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 CubeData' 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 CubeData 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 CubeData cannot monitor or censor the Internet, and will not attempt to do so, CubeData 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 CubeData 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 CubeData' network and may reach a large number of people, including both subscribers and non-subscribers of CubeData, subscribers' postings to the Internet may affect other subscribers and may affect CubeData' goodwill, business, reputation or operations. For these reasons, subscribers violate CubeData policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Implied Acceptance
By using our site, you automatically agree to these terms and our aup and are legally bound to it, as it is a legally binding contract, if you do not agree, do not use our site
Zero Tolerance on Violations
We do not tolerate violating our AUP/TOS as such ZERO Tolerance will be given for any violation of our AUP/TOS and will result in us immediately following suit in our reserved rights to terminate offending account(s) without any such backup(s) and also listing made both on fraudrecord/maxmind and in addition the account(s)/person(s) will be blacklisted permanently from any CubeData service(s) and/or Businesses
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward CubeData, but also because it can overload CubeData' network and disrupt service to CubeData' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CubeData will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore CubeData reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should CubeData choose to pursue and prosecute.
Public VPN's
Public VPN's are prohibited no public vpn's will be allowed at all if you are caught with one your service(s) & account(s) will be terminated immediately without notice and you will be unable to get any refund as per our refund policy there isn't no refunds to start with.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, CubeData does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
CubeData does not allow adult content and will suspend/terminate any offending account.
No unethical applications allowed:
CubeData does not allow unethical applications which include but not limited to traffic exchange(jingling,hitleap), shoe bots, botnets. We will suspend/terminate any offending account.
Illegal File Policy:
CubeData is not for illegal file hosting and distribution - as such, customers may not host any such illegal content("warez",etc). Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail admincubedata.net.
Obscene Speech or Materials:
Using CubeData' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. CubeData is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using CubeData' 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 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.
Facilitation 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.
Usenet Groups:
CubeData 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.
Other Activities:
Engaging in activities, whether lawful or unlawful, that CubeData 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. CubeData will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with CubeData' policy or applicable law. However, when CubeData 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 CubeData.
CubeData is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching CubeData' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. CubeData does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. CubeData reserves the right to directly take action against a customer of its subscribers. Also, CubeData may take action against the CubeData' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, CubeData anticipates that subscribers who offer Internet services will cooperate with CubeData in any corrective or preventive action that CubeData deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CubeData policy.
CubeData 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. CubeData may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CubeData 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. CubeData 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, CubeData may disclose subscriber information or information transmitted over its network where necessary to protect CubeData and others from harm, or where such disclosure is necessary to the proper operation of the system. However, CubeData will never sell information to other services or outside companies.
CubeData 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 CubeData policy. Finally, CubeData wishes to emphasize that, in signing the Service Agreement, subscribers indemnify CubeData for any violation of the Service Agreement, law or CubeData policy resulting in loss to CubeData or the bringing of any claim against CubeData by any third party. This means that, if CubeData 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 CubeData, plus costs and all attorney's fees.
Staff Abuse:
Any abusive langauge, or actions towards any staff member via any medium (not limited to, but including. Email, Ticket, Social Media, Public Forum) will result in an account termination, and a listing for staff abuse on FraudRecord. with no refund possible at all.
Refunds & Account Credits:
Due to the nature of our industry, we do not offer refunds in any case, there is no possibility of any refund at all! Simply changing your mind will not get you a refund! Nothing will get you a refund!
Payment Disputes & Chargebacks:
Raising a billing dispute with our payment processors or charging back a payment made to CubeData will place the client's account in bad standing. We reserve the right to immediately terminate all services without refund in such instances, and without the ability to retrieve or provide backups of user data. As well as a listing made on FraudRecord and MaxMind.
Other types of Disputes:
Any threat of legal action can & will result in immediate account termination, and listing made on FraudRecord and no refund possible at all!
Backups:
CubeData does not take backups of clients data at all, this falls under the responsibility of the customer, to make their own backups on a regular basis.
Game Servers:
CubeData allows game servers up to a point....if we get any notice whether it be a DMCA notice or any issues we notice and we suspect it is related to a client's service...your vps(s) will be suspended pending further investigation immediately and note if you even bother opening a dispute or chargeback the following terms above apply and we will do as it states that you're account will be blacklisted and you will end up on fraudrecord and maxmind and there is no chance of resolving anything then as you then forfeit your account(s), your vps(s) and your gameserver(s) and there is no chance of refund and without the ability to retrieve or provide backups of user data. and furthermore unless we do not find any trace of anything we suspected and you have not opened a dispute or chargeback we will unsuspend your vps(s) in question and note in our internal audit notes there was nothing found that was suspected. Note if there is 3 or more incidents of this whether or not there was anything found CubeData reserves the right to terminate without refund, without backups and furthermore listing made on fraudrecord and maxmind in our own sole discretion due to 3 or more times being assumed to be on purpose to cause incidents like this and will not be tolerated! and will follow our right to refuse service and terminate/suspend service at any time for any reason clause in our tos/and this aup
Support:
CubeData's services are completely unmanaged and as such expect the bare minimum support which does not include anything related to software issues! the only support CubeData provides is if there are Hardware Issues (Node Offline/Unreachable) Or If the billing panel is offline otherwise No Support will be given! and the ticket will be closed without a reply on the spot!
Traffic Usages:
All Hosting Products (VPS) come with a unmetered amount of bandwidth resources depending on the node at hand you are placed on, Though it follows under a fair-share fair use policy which means DO NOT affect other clients on the same node with respect to causing them not to be able to use the network on their vps's....Causing a issue like this will result in your vps suspended on the spot and you will have to open a ticket explaining why you affected other clients and have to do as the staff says to remedy the problem which does include wiping the vps and reinstalling it and other procedures required by the CubeData Staff
Network Abuse:
Utilizing our services to attempt to cause damage to any internal and/or external networks, will lead to termination of services. and no refund at all possible! and you will be listed on FraudRecord no exceptions to this rule! This means do not affect other clients ability to use the network both internal and/or external because this will result in immediate suspension the first offense but if you continue the second offense you will be terminated immediately with no refund possible and no backup or anything else provided! you are responsible for anyone that uses your account as there will be no "I didn't do it" excuses if they used your vps to cause issues like this and it is your second offense you will get terminated immediately and no refund possible without any remedy! It is your responsibility to secure your vps not CubeData's and if you didn't secure your vps and someone causes issues like this due to lack of security on your vps this policy will follow suit no matter who did it! No Exceptions!
We hope this AUP is helpful in clarifying the obligations of Internet users, including CubeData and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to admin:envelope_with_arrow:cubedata.net.