ACCEPTABLE USE POLICY

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with NewCloud.ca. If you engage in any of the activities prohibited by this AUP document or fail to fulfill any of your responsibilities outlined by this AUP document NewCloud.ca may suspend or terminate your account and services.

NewCloud.ca’s Acceptable Use Policy (the “Policy”) for NewCloud.ca Services is designed to help protect NewCloud.ca, NewCloud.ca’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by NewCloud.ca. NewCloud.ca reserves the right to modify the Policy at any time, effective upon posting at http://www.NewCloud.ca/hosting-acceptable-use-policy/.

Prohibited Uses of NewCloud.ca Systems and Services:

By using any Services or Accounts provided by NewCloud.ca you agree:

  • not to transmit, distribute or store of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  • not to send Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through NewCloud.ca’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on NewCloud.ca’s servers, is prohibited. NewCloud.ca accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
  • not to run Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by NewCloud.ca customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any NewCloud.ca-hosted domain, or referencing any NewCloud.ca account, is prohibited.
  • not to advertise, transmit, or otherwise make available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  • not to operate an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
  • not to attempt to gain unauthorized access to any account or computer resource not belonging to that user (e.g., “cracking”).
  • not to obtain or attempt to obtain service by any means or device with intent to avoid payment.
  • not to attempt unauthorized access, alteration, destruction, or any attempt thereof, of any information of any NewCloud.ca customers or end-users by any means or device.
  • not to knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the NewCloud.ca network or on another provider’s network.
  • not to use NewCloud.ca’s Services to interfere with the use of the NewCloud.ca network by other customers or authorized users.
  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • not to make, attempt or allow any unauthorized access to NewCloud.ca website, servers, your own hosting account or the account of any other customers of NewCloud.ca.
  • not to allow any remote code execution of malicious software through the hosting account provided by NewCloud.ca.
  • not to cause denial of service attacks, port scans or other endangering and invasive procedures against NewCloud.ca servers and facilities or the servers and facilities of other network hosts or Internet users.
  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user.
  • not to use NewCloud.ca services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • not to engage in or to instigate actions that cause harm to NewCloud.ca or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of our IPs by any online spam or blacklisting database, actions resulting in DDOS attacks for any servers, etc. NewCloud.ca reserves the right to refuse service to anyone upon our discretion. Any material that in NewCloud.ca judgment, is either obscene or threatening is strictly prohibited and will be removed from NewCloud.ca servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that we have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of our Acceptable Use Policy is found, NewCloud.ca will take corrective action upon our own discretion and will notify you. NewCloud.ca decision in such case is binding and final, and cannot be a subject of a further change. NewCloud.ca cannot and shall not be liable for any loss or damage arising from our measures against actions causing harm to NewCloud.ca or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless you have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. NewCloud.ca will not be liable for any loss or damages in such cases.
  • not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, NewCloud.ca can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

Customer Responsibility for Customer’s Users

Each NewCloud.ca customer is responsible for the activities of its users and, by accepting service from NewCloud.ca, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an NewCloud.ca customer will be forwarded to the NewCloud.ca customer’s postmaster for action. If violations of the NewCloud.ca Acceptable Use Policy occur, NewCloud.ca reserves the right to terminate services with or take action to stop the offending customer from violating NewCloud.ca’s AUP as NewCloud.ca deems appropriate, without notice. A NewCloud.ca account may not be transferred without prior written approval from NewCloud.ca.

Content

You represent and warrant to NewCloud.ca that: your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that you own your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within your server account. You also represent and warrant that the server content being hosted by NewCloud.ca shall not be used in connection with any illegal activity.

You expressly (i) grant to NewCloud.ca a license to monitor and cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the services and your website, including content supplied by third parties, hosted by NewCloud.ca under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

Network

You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall NewCloud.ca be liable to you for any damages resulting from or related to any failure or delay of NewCloud.ca in providing access to the Internet. In no event shall NewCloud.ca be liable to you for any indirect, special or consequential damages or lost profits arising out of or related to the performance or breach thereof. The aggregate, total liability of NewCloud.ca, if any, shall in no event or circumstance exceed the total amount actually paid by the account holder hereunder.

NewCloud.ca assigns to you an Internet Protocol (“IP”) address in connection with your use of the NewCloud.ca services. The right to use that IP address will remain with and belong only to NewCloud.ca, andyou will have no right to use that IP address except as allowed by NewCloud.ca in its sole and absolute discretion.

If at any time your use of any IP address causes or may cause that IP address or block of IP addresses to be banned, blacklisted, or similar, NewCloud.ca in its sole and absolute discretion reserves the right to terminate your services or IP address use.

IPv4 Address

Hosting accounts may each use only 1 IP address. The limit is a per account basis. Clients may hold multiple accounts to get access to additional IP addresses. Justification may be required in order to determine whether another IP address will be provided. The decision of whether or not another IP address will be provided shall rest solely with NewCloud.ca. Additional IP addresses may incur additional one-time or monthly recurring charges. The cost of the additional IP address shall rest solely with NewCloud.ca.

Payment

  • NewCloud.ca may temporarily deny service or terminate this agreement upon your failure to pay charges when they become due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  • If your account becomes overdue, the account and data therein may be suspended and may not be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by you within 60 days after your hosting account’s billing date, NewCloud.ca reserves the right to terminate your services for non-payment. The data associated with your terminated account services will be destroyed.
  • If an account is found to be in violation of the Terms of Service it may be terminated immediately and all payments forfeited.
  • For closed accounts there may be a $30.00 per incident charge for all inquiries regarding previous services and or support.
  • If loss of data occurs due to an error of NewCloud.ca, we may attempt to recover the data for no charge to you. If data loss occurs due to your negligence in securing your account or by your action, NewCloud.ca may attempt to recover the data from the most recent archive for $30.00.

Access

SSH access will be available on a discretionary basis for eligible clients who meet specific criteria determined by NewCloud.ca. Upon completion of said terms you may be granted Jail access to the system on a provisional basis. Certain access restrictions may be imposed on the availability of SSH service, it’s environment, access to system services or commands, the password complexity requirements, mandatory use of certificates, port used, throttling, tar-pitting, or any other measures determined necessary by NewCloud.ca. Any misuse and/or abuse of the system or service may result in access being revoked. The use of scripts, software, commands, or any other means to circumvent this policy may result in immediate account termination.

FTP access is not provided or permitted due to security considerations. The hosting account manager interface provides a browser-based file manager with similar functionality.

Email

You must comply with the CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation (CASL), and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not confirmed Opt-In or Closed-Loop Opt-In or obtained consent or provided identification information or provided an unsubscribe mechanism to mailings from you will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to NewCloud.ca. In the event that you cannot provide actual and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. NewCloud.ca prohibits the following activities listed without limitation hereunder:

  • Usage of the NewCloud.ca network and systems to receive replies to unsolicited mass e-mail messages.
  • Forgery of e-mail headers (i.e.”spoofing”).
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
  • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
  • Hosting any web pages or providing any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities prohibited by the Acceptable Use Section of this agreement.
  • If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $1,000 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

Use of Email Services. You must use email and other related services in full compliance with the terms below:

  1. You may send and/or forward up to:
    • 200 emails per hour per domain;
  2. Email storage (i) is capped at 10,000 emails (aggregated across all mailboxes within your account); and (ii) shall not exceed 2GB.
  3. For IMAP/POP3 mailboxes, you may perform up to 100 email checks per hour.

Hosting Resources:

Service Limitations

Your use of the server resources shall not endanger the capacity and operation of the server. Any account may use no more than:

  • 20 processes at any given moment
  • 1Gb memory (4Gb memory burst)
  • 20% of CPU time (100% CPU time burst)

The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

The decision to upgrade shall rest solely with NewCloud.ca and shall be made in its reasonable discretion.

In addition:

  • No script may use 25% or more of system resources for 60 seconds or longer;
  • Running stand-alone, unattached server side processes/daemons is strictly prohibited
  • Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
  • Running any bit-torrent / P2P application is strictly prohibited
  • Running any bitcoin / e-currency application / miner is strictly prohibited
  • Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
  • Running of public file exchange services is strictly prohibited

Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page where such content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and supporting files.

The number of inodes employed by one hosting account must not exceed 300,000.

Downloadable files, media, databases must comply with the following limitations:

  • NO more than 5 GB of a hosting account can be allocated to music, video or other multimedia files;
  • NO more than 5 GB of a hosting account can be allocated to databases;
  • NO more than 5 GB of a hosting account can be allocated to any archive and disk image files containing the contents and structure of a data storage medium;
  • NO more than 5 GB of a hosting account can be allocated to executable files.

Any user whose account uses the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

Under its sole discretion, NewCloud.ca reserves the right to determine any kind of unfair or inappropriate usage of any content or service which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with NewCloud.ca and shall be made in its reasonable discretion.

Backup Limitations. Backups of new/changed data are made daily by NewCloud.ca for Managed Hosting plans. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only, and restoring a backup of your server will be performed by NewCloud.ca upon request no more than once per week. It is your responsibility to maintain your own copies of your web content and information. Any hosting account that uses more than 10GB of disk space or contains files larger than 1 GB or contains more than 200,000 inodes may be removed from our system backup, with or without notice. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining and archiving a copy of their account data.

Viruses and Other Malware. Any hosting account which is found to contain or participate in the spread of viruses or other malware may have the infected content or entire account contents removed with or without notice. A backup copy of the virus may not be kept or stored and may be deleted from all backups.

Security Risks. Certain scripts, plugins, extensions, executables, files, configurations, services or any other use of the hosting account may be deemed an unacceptable security risk at NewCloud.ca’ sole discretion. Those security threats may be removed or deactivated with or without notice. Automatic virtual patching of web applications will be attempted by NewCloud.ca for Managed Hosting plans.

Uncooperative WordPress Plugins and Themes. Certain WordPress plugins and themes are known or may be discovered to be incompatible with or disruptive to the hosting service. Under its sole discretion, NewCloud.ca reserves the right to patch, update, remove, or disable these items which may result in immediate disruption to the website service with or without notice. The decision shall rest solely with NewCloud.ca and shall be made in its reasonable discretion.

Unpatched/non-updated or Vulnerable Software. Updates to WordPress plugins, themes, and any other software, must be applied within 24 hours after it’s release. Under its sole discretion, NewCloud.ca reserves the right to patch, update, remove, or disable these items or hosting services which may result in immediate disruption to the website service, with or without notice. The decision shall rest solely with NewCloud.ca and shall be made in its reasonable discretion. Updates to plugins and themes currently available in the WordPress Plugin Directory will be attempted daily by NewCloud.ca for Managed Hosting plans. Plugins or themes which are not currently available for updates in the WordPress Plugin Directory, such as premuim and paid-for themes and plugins, are not able to be updated by NewCloud.ca and are thus your sole responsibility to update.

Encryption. Your use of any encryption or cryptographic method may require the use of a private key such as a password/passphrase or certificate or biometric measurement or any other means to decrypt information. The safe, private, and secure storage of the key is your sole responsibility. Loss or destruction of the key will result in the permanent loss of the encrypted data. A copy or backup of the decryption key may not be available, accessible, or otherwise known to NewCloud.ca. Guard this key safely.

Storage and Security.

At all times, you shall bear full risk of loss and damage to your hosting account and all of its content. You are entirely responsible for maintaining the confidentiality and availability of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use of your account and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; (iii) ensure the security, confidentiality and integrity of your content; and (iv) ensure the confidentiality of your password. NewCloud.ca’s servers are not an archive and NewCloud.ca shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by NewCloud.ca are not intended to provide a PCI (Payment Card Industry) or Health Information (HIPPA/HIPAA) compliant environment and therefore should not be utilized as such without further compliance activity.

Portability of Your Data. You may request a copy of your data suitable for the purposes of moving or transferring service at any time, no more than once per month. A copy of the current data will be provided to you in a reasonable format at NewCloud.ca’s sole discretion. If the account has an overdue balance, or is otherwise terminated, NewCloud.ca reserves the right to decide whether or not a copy of the data will be provided. The decision shall rest solely with NewCloud.ca and shall be made in its reasonable discretion.