Acceptable Use Policy

 
FIBERTI.COM ACCEPTABLE USE POLICY

Fiberti.com. (hereafter referred to as Fiberti, we, us or our) is dedicated to providing its customers (hereafter referred to as Customer, you, or your) with an all-round top quality service, while at the same time satisfying our legal and ethical responsibilities. To this end, we have set out below our Acceptable Use Policy (AUP). Our AUP is incorporated into our Terms of Service (TOS) and any other contracts we have with you by this reference. Terms not defined in this AUP have the meaning given to them in your agreement with us (TOS)

We reserve the right to make changes to this AUP at any time. We will provide you with notice of these changes by sending a notice to the email registered on file and posting a complimentary notice in your Fiberti Client Area. If we make a change that materially impacts your ability to use the Services, you may terminate the affected Services without penalty. The most recent version of the AUP can be found on our website at https://www.fiberti.com/legal-aup.html

Failure to abide by the terms of this AUP shall be grounds for immediate account suspension or termination, in some cases without notice, and forfeiture of all fees paid. Please note that the evolving nature of the Internet prevents us from including in this AUP all possible unacceptable uses of the Services. We reserve the right to determine, in our sole discretion, what other activities are unacceptable.

It is your responsibility to ensure that your End Users comply with the terms of this AUP. Your failure to do so constitutes a violation of this AUP.

To report suspected abuses or any violations of these policies, please contact our abuse department at https://www.fiberti.com/contact.html

You are responsible for any and all content in and under your site or account at all times. All services provided by Fiberti may be used for lawful purposes only.

Fiberti servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Examples of such violations are provided below. This list is intended as a guide for you and your End Users, and does not represent all possible unlawful uses of the Services.

Fiberti is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but is not limited to Adult sites, pirated software or media, hacker programs/archives, copyrighted MP3, Warez, other copyrighted material or material protected by trade secrets and other statutes.

You may not use any of Fiberti’s services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to Fiberti if, for any reason, Fiberti takes corrective action with respect to your improper or illegal use of its services.

The AUP contains three sections:

A- Provisions for All Customers
B- Provisions for Shared Hosting Customers Only
C- Provisions for Dedicated and VPS Customers Only


A. Provisions for All Customers
1. Content

You are responsible for any and all content in and under your site or account at all times. All services provided by Fiberti may be used for lawful purposes only. Fiberti servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Examples of such violations are provided below. This list is intended as a guide for you and your End Users, and does not represent all possible unlawful uses of the Services.

Fiberti is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but is not limited to Adult sites, pirated software or media, hacker programs/archives, copyrighted MP3, Warez, other copyrighted material or material protected by trade secrets and other statutes.

2. List Of Violations

2.1. Threats and Unlawful Conduct

Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

2.2. Fraud

Use of our services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "phishing sites," "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

2.3. Attacks and Exploits

Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against other networks, hosts or individual users. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company's and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.

2.4. Programs

We do not allow programs to run continually in the background with high CPU utilization. This is to minimize system resources used and operational maintenance needed. We also do not allow running benchmarking software on our servers due to their impact on the overall resources of the servers. Cron jobs are only allowed if the time between two consecutive executions is at least double the time required for the cron job to finish, or 5 minutes, whichever is longer.

If you are planning to run high-volume (1000's of emails per day) mailing lists or similar, you have to let us know in advance and make special arrangements because the regular shared and virtual server hosting accounts are not suitable for such activities. In such cases you will have to use a 3rd party email delivery service.

2.5. IRC

We DO NOT allow any IRC servers, bots or any other IRC related software to be operated on our servers.

2.6. Unsolicited Commerce Email & Material - SPAM

Spamming, or the sending of unsolicited email, from a Fiberti server or using an email address that is maintained by us is STRICTLY prohibited and will qualify your account for immediate termination with no refund.

Spam is strictly prohibited under this AUP. Fiberti has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Violations of our spam policy shall result in a minimum $200 fine and possible termination and/or suspension of your account or Services. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unsolicited or unauthorized advertising and promotional materials such as "junk mail," "instant messaging," "chain letters," or "pyramid schemes." An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

The sending of Unsolicited Bulk Email (UBE) from another service provider advertising a web site, email address or utilizing any resource hosted on Fiberti's servers, is also prohibited. All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to Fiberti upon request. Fiberti 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. Running 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 Fiberti 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 Fiberti-hosted domain, or referencing any Fiberti account, is prohibited.

Operating 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 is also prohibited.

2.7. Server Abuse

Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. Fiberti holds no responsibility for the use of our clients' accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate termination without any refund of payments made thus far. Any site using what we deem to be excessive CPU cycles or any other resource that causes strain to other sites may also be offered new terms. Use of our services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications systems, or telecommunications systems is also prohibited.

2.8. Other violations

Any of the following violations will result in prompt suspension and/or termination of your Service:

Illegal activities and prohibited content include but are not limited to:
  • Content that depicts minors engaged in any activity of a sexual nature or which may otherwise harm minors;

  • Activities that mislead or deceive minors into viewing sexually explicit material;

  • Content or actions that attempt to defraud members of the public in any way (for example, "phishing" sites);

  • Content or actions that are used to send unsolicited commercial email (SPAM) or email which is in violation of applicable laws or customary acceptable use of Internet connections, including but not limited to the transmission of child pornography;

  • Content that is hateful, defamatory, derogatory or bigoted based on racial, ethnic, political grounds or which otherwise may cause or incite injury, damage or harm of any kind to any person or entity;

  • Content that is threatening or invades another person's privacy or property rights or is otherwise in breach of any duty owed to a third party;

  • Content or actions that infringe the trademark, copyright, patent rights, trade secret or other intellectual property rights, or any other legal rights of Fiberti or any third party;

  • Content or actions that violate any applicable local, state, national or international law or regulation;

  • Content or actions that promote, are involved in or assist in, the conduct of illegal activity of any kind or promote business opportunities or investments that are not permitted under applicable law;

  • Content that advertises or offers for sale any goods or services that are unlawful or inbreach of any national or international law or regulation;

  • Content that advertises or offers for sale any goods or services the Advertiser does not have the legal right to sell; or

  • Content that links to or is associated with the sale, promotion or distribution of prescription medication that violates any applicable law or regulation.

  • Hosting online pharmacies

  • Crypto coin mining or any crypto coin related activities

  • Promoting violence or injury

  • Using defamatory, threatening or abusive language

  • Hosting gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes

  • Violations of U.S. export control laws

  • Violation of intellectual property rights of others

  • Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message

  • Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks

  • Hacking, and/or subverting, or assisting others in subverting, the security or integrity of Fiberti's services or systems

  • Soliciting the performance of any illegal activity, even if the activity itself is not performed

  • Directly facilitating violation of a law or regulation and/or instructing others in prohibited activities.

  • Acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion

If you are in violation of any of the above provisions or are engaged in any other misleading or illegal activities, you agree that we may suspend, cancel, transfer or modify your use of services or individual domain names without prior notice to you.

No fees will be refunded if any of the activities mentioned above, or any other inappropriate or illegal activities, result in the suspension, transfer or other such loss your services.

2.9. By using any service provided by Fiberti you agree that:
  • You will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable national or local authority/regulator;

  • You will not transmit any unsolicited commercial or bulk email. You will not engage in any spamming or Mail Bombing activities;

  • All your outgoing email messages containing advertising will include an automated opt out;

  • You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;

  • You will not make, attempt or allow any unauthorized access to Fiberti and/or third-party website(s), server(s), or hosting accounts and/or services;

  • You will not allow any remote code execution of malicious software;

  • You will not cause denial of service attacks, port scans or other endangering and invasive procedures against Fiberti servers and facilities or the servers and facilities of other network hosts or Internet users;

  • You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);

  • You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;

  • You will not impersonate any person or entity;

  • You may host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.

  • You will not harm or seek to harm minors in any way;

  • You will not host or operate an audio and/or video streaming service;

  • You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;

2.10 You will not host any website, content, links or advertisements of websites that:
  • Infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;

  • Profess hatred for particular social, ethnical, religious or other group;

  • Contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;

  • Contain Illegal or Hacking/Phreaking Software (Warez);

  • Contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);

  • Contain any kind of proxy server or other traffic relaying programs;

  • Promote Money Making Schemes, Multi-level Marketing or similar activities;

  • Contain Torrent trackers, Torrent Portals or similar software;

  • Are used to operate and contain peer-to-peer network systems and file sharing systems;

  • Are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;

  • Contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent's consent in the case of a minor);

  • Contain any data, material that is unlawful, abusive, threatening, harassing, or defamatory;

  • Contain fake news, misleading, untruthful or inaccurate information;

  • Promote, encourage or give any kind of support to violence and terrorism.


3. Bandwidth

All sites hosted by us have the privilege of unthrottled bandwidth. This means your site is placed on our ultra fast servers and connected to multiple backbones which allow a visitor to visit your site at unrestricted speeds. If they visit your site through a 56k modem or a gigabit connection, your site will always be as fast as possible. You are not penalized for the high bandwidth web surfer that creates high traffic spikes. If your site's monthly usage is above your monthly total allotment you will be billed for the overage or will be asked to upgrade to the next higher hosting plan. We will work with our clients to keep their sites alive and fast at all times.

4. Backups

Fiberti utilizes servers of highest quality. All servers are equipped with SSD disk drives which are regularly monitored to ensure that files are never lost due to a hard drive failure. We are backing up all shared hosting accounts for our own disaster recovery purposes about once weekly. There are no automated backups for our VPS, cloud and dedicated servers. You need to make sure that you do not accidentally delete any critical files you need. An additional backup service might be available upon request for an additional fee. Also, you are advised to always backup all of your important files to your local drive. The customer agrees that Fiberti will NOT be responsible for lost data, time, income or any other resource due to missing data.

4.1. Shared Web Hosting

Shared web hosting accounts may not use their disk space for backup storage, or storage of any files not directly linked from their web sites. You may store a maximum of 1 backup of your web hosting account on the server at any given time, and for a period not exceeding 24 hours. Please do not make backup copies of your backups.

If needed, backup copies can be generated by the Client during off-peak hours, from midnight to 5AM EST. It is strictly forbidden to generate backups of your account between 5AM and 11:59PM EST, as this can seriously degrade the system’s performance. This applies to backups generated from the cPanel, or any other type of automated backup such as those performed by third-party services and automated plugins.

Fiberti regularly backs up most Shared hosting accounts on its servers, as described on the Fiberti Web Site. Due to the resource-intensive nature of the backup process, Fiberti cannot guarantee the regular and consistent back up and/or restore of accounts that exceed 20 giga-bytes (“GB”) of total data or more than 200,000 files (including emails, databases, regular files, statistics, and configuration files). Accounts that store more than 20 GB of data or more than 200,000 files risk no longer being backed up automatically. Manual backups will still be possible in most situations. To re-activate automatic backups, the Client must bring the total amount of data stored on their account to less than 20 GB of data and less than 200,000 files and contact our support department. Files exceeding 1 GB will not be included in the regular backups.

4.2. Dedicated Servers and VPS

Dedicated server clients are responsible for backing up their own data. Upon request, a managed backup service can be provided at additional cost.

5. Email Delivery

5.1. Shared Web Hosting

Shared web hosting or reseller accounts are not designed to be used to send out large quantities of emails simultaneously. There is a limit of 100 emails sent per hour, per account. Emails sent after the 100th in one hour will not be delivered. Mailing lists can have a maximum of 500 recipients. If you do send more than 25 emails at any given time, you must activate a “throttling” feature in your mailing application when sending, so that every delivery is delayed by a minimum of 10 seconds so as not to overcharge the server. You may not attempt to circumvent this limit by linking multiple hosting accounts together. If you would like to send larger quanitities of legitimate commercial emails, please inquire with our sales team about our commercial Email Marketing service.

You may not send emails with attachments greater than 20 MB from Shared hosting accounts. If you need to share larger files, you are encouraged to upload your files on your hosting account and email a hyperlink (“URL”) to the file.

Each mail box must not exceed 2GB in total size. Clients are encouraged to download or archive their emails on a regular basis using software such as Microsoft Outlook, Apple Mail, or Thunderbird using the POP3 protocol, and deleting read emails from the server.

5.2. Dedicated Servers and VPS

There is no fixed email delivery limit; however, a $200 administrative fee will be charged to your account if your public IP address gets listed in a public “blacklist” and we need to actively intervene in order to get it de-listed.

6. Resource Usage

6.1. Shared Web Hosting

In order to guarantee reliable service, Shared Hosting Accounts may not use more resources than what would be required by a regular web site in the course of its regular activities. Accounts may not use more than 5% of the total Fiberti system resources for a period longer than 60 seconds. This includes CPU cycles, RAM usage, disk space, and bandwidth. Accounts found to be exceeding the allowed resource usage may be suspended without prior notice in order to prevent serious service degradation. Fiberti will attempt to notify the client whenever possible and work with them to resolve any resource usage problem. Often, these types of problems may be resolved by repairing a faulty script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Clients consistently using excessive resources may be required to transfer their account on a separate dedicated or private server, where resource usage limits are not imposed.

Fiberti server resources cannot be used for any other purpose than to serve data from your web sites. Under no circumstance can the server resources be resold, or used for data processing outside of the context of serving web pages or other web-accessible content to your site’s visitors.

Please note that a shared hosting environment is not intended for extremely resource-intensive sites. In these cases, custom dedicated server solutions or virtual private servers are recommended.

6.2. Dedicated Servers and VPS

Dedicated servers are permitted to use the full resources available on their machine.

7. Disk Space Usage

7.1. Shared Web Hosting

While we don't impose fixed disk space limits, in order to protect our clients from users consuming an excessive amount of resources, we have established the following rules concerning the use of disk space on Shared Hosting accounts:

  • You may not use your web hosting space to store files that are not directly related to your web site, and that are not linked to directly from at least one section of your web site.

  • You may not store more than 5,000 immediate files in any given folder (or directory), or more than the total files (inodes) allowed by your hosting account, as follows: Shared web hosting: 100,000 inodes

  • You may not sell or offer free disk storage on our servers to third parties, outside of the context of our Reseller services.

  • You may not increase your actual disk space usage by more than 10 GB in a 24-hour period without prior written notice.

7.2. Dedicated Servers

Clients are permitted to use the full hard drive space available on their machine.

7.3. Cloud Servers

Cloud servers can not contain more than 1,000,000 inodes in order to ensure system stability and performance. If you require more than 1,000,000 inodes, please consider purchasing a Dedicated Server by contacting Fiberti.

8. Allowed Software and Scripts

All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. It is your responsibility to update all the installed software with the latest security patches in a timely manner. On Shared Web Hosting servers, Fiberti provides automatic installation tools that can also handle automatic software updates shortly after updates are released by the vendors. However, it is ultimately solely your responsibility to maintain up-to-date versions of your software on your account.

Popular web applications such as WordPress, Drupal, Joomla, phpBB, along with their plug-ins, modules, and add-ons, are particularly vulnerable to exploits due to their popularity, so additional vigilance must be used to ensure the software is safe and up-to-date.

Insecure scripts and software may be disabled by Fiberti at any time without prior notice to prevent issues with the server’s security.

9. Allowed Software and Scripts

Shell access is disabled by default on Shared Hosting Accounts, but may be enabled by submitting a request via our helpdesk. The “find” Unix command may not be used on a directory having more than 5 levels of sub-directories.

Dedicated Servers are granted complete Shell Access.

10. Downloads

You may not offer downloads of third-party software (i.e. software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as “mirror” download sites. Instead, you are encouraged to link to the vendor’s original download site.

11. Chat Software

Due to the resource-intensive nature of these programs, you may not install and use real-time chat software on Shared Hosting Accounts, unless this software was provided by us.

12. Cron Jobs

Shared Hosting Accounts

Cron jobs must not be scheduled more often than once every 10 minutes. Two or more separate Cron jobs may not be executed at the same time; a minimum of 5 minutes should separate two scheduled executions. You may not schedule a total of more than 5 cron jobs on any hosting account.

There are no cron job limitations on Dedicated Server and VPS.

13. Security

You are solely responsible for the security of your server and your hosting account. You are also responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, employee or a malicious user or a hacker. Therefore, you must take steps to ensure that others do not gain unauthorized access to your server/account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

This AUP also prohibits any actions that compromise our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, as a result of such actions by you or your End Users. You may also be exposed to criminal and civil liability based on your actions. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of a system security or authentication measure, data or traffic; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username and confidential information.

14. Child Pornography, Child Erotica and Bestiality

Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at http://www.ncmec.org

15. U.S. Export Laws

Use of the services by you and/or your End Users is governed by U.S. export control laws. These laws apply regardless of whether you and/or your End User actually reside in the United States. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html

16. IP Addresses

We own the IP numbers and addresses that may be assigned to you pursuant to your use of the services. These addresses may not be assigned or transferred, and are recycled upon termination of the services. We reserve the right to change these numbers. We are required to comply with ARIN & RIPE policies and procedures regarding IP addresses. You may not terminate your Services should a change in ARIN & RIPE policy affect your use of the Services.

17. Customer’s Responsibilities

You are responsible for ensuring that materials disseminated or posted using our services comply with this AUP and relevant laws, including materials that have been posted by third parties. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Therefore, we cannot accept any responsibility from customers, users of our services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.

Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the services. Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our servers as set forth in the TOS.

18. Actions Upon AUP Violations

Your violation of any of the terms of this AUP may result in immediate suspension or termination of your account, without notice. We are the sole arbiter of what constitutes a violation of this AUP.

Upon learning of an alleged violation, we shall initiate an investigation. During this time, it may be necessary to restrict your access to the Service to prevent further potentially unauthorized activity. If such violation could constitute a criminal offense, we may notify the appropriate law enforcement authorities.

Under no circumstances shall we issue credits for suspension of your Service because of an AUP violation. You agree to hold Fiberti harmless from any claims that a suspension or termination of Services for this reason has damaged an End User.

19. Disclosure of Information

We may disclose information, including information that you and your End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We have no obligation to inform customers or End Users that this information has been disclosed and in some cases may be prohibited by law from doing so. We also may disclose such information when it is necessary to protect us or others from harm.

20. Other Abuse

The use, and misuse, of our services changes over time. If we determine that your use of our services negatively impacts our ability to provide services to other customers, may subject us to liability, indicates your unfamiliarity with use of the services, or if you abuse our support staff, we may terminate your account.

21. Contact Information

On occasion, we may need to communicate with you by email about issues related to billing, service changes, additions and modifications to our network. It is your responsibility to provide us with a working, monitored, email address, and to update us on any changes to your account or contact information. We have no responsibility for communications misdirected as a result of your failure to provide us with correct contact information.

22. Violation

Fiberti will, at its own discretion, determine what action will be taken in case of a violation of the AUP. Fiberti reserves the right to suspend or terminate any account found to be violating the AUP without notice and without refund of any pre-paid fees. Violation of this AUP could also subject you to criminal or civil liability.

23. Rights Reserve

Fiberti reserves the right to modify this AUP at any time without providing prior notice. You are responsible for all use of the Fiberti services by yourself, your employees, agents, contractors, invitees and customers, whether such use is with or without your consent.

24. Questions and Concerns

If you would like more information about Fiberti’s Acceptable Use Policy, please contact us via our helpdesk. We will deploy our best efforts to assist you.

25. Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.

B. Provisions for Shared Hosting Customers Only

The provisions of this section also apply to all customers with shared hosting accounts:

You agree to restrict your use of the shared hosting services to the direct serving of web content over the HTTP protocol. Misuses include, but are not limited to, scientific/grid/distributed computing, data warehouse/backup storage, and bandwidth sinks. We shall determine, in our sole discretion, what constitutes a misuse of the shared hosting services. If you are unsure of an application’s fitness for the shared hosting services, you should consult with us before using the Services in that manner.

Any customer who uses an unacceptably high level of server resources, including, but not limited to, CPU time, memory usage, and network resources, must either: (a) pay extra for a dedicated server or semi-dedicated server, depending on the resources needed, or (b) reduce their use to an acceptable level. Our Resource Abuse Policy sets out these standards. We shall be the sole arbiter of what is considered a high vs. acceptable server usage level.

Shared hosting accounts cannot be transferred or used by anyone other than a customer. You may not sell, lease or assign the connection or parts of the connection to any party other than those named in our records. Allowing ftp access and hosting websites of End Users is not a violation of this AUP.

Shared web hosting accounts may not be used for distributing software or multimedia products. If you wish to distribute software and/or multimedia files, please contact [email protected] for permission.

Our web hosting accounts shall not be used to distribute and store an unusual amount of multimedia files. Multimedia files are defined as any graphics, audio, and video files. An unusual amount refers to any web site with disk space usage for storing the multimedia files exceeding 70% of its total usage, either in terms of total size or number of files.

We do not allow chat rooms on our shared hosting environments. We also do not allow proxy servers or scripts, torrent trackers or torrent clients to be run from our shared/reseller hosting servers, and will not register or install any third party DLLs/EXEs or software on our shared/reseller hosting servers.

C. Provisions for Dedicated and VPS Customers Only

The provisions of this section also apply to all customers with Dedicated and VPS accounts:

You are solely responsible for any breaches of security affecting the servers under your control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, you shall be responsible for the cost to rectify any damage done to your server and any other requirement affected by the security breach.

You may not engage in activities designed to monitor Internet traffic other than your own. This means, that you may not monitor our Internet traffic, nor the Internet traffic of any other entity.

D. Other Uses

Domain Names

We will take necessary steps to register domain names on your behalf when requested. However, you are responsible for renewing your domain names. We do not take responsibility for failing to renew domain names. If your domain name was registered by us, you must check and take appropriate actions to renew your domain when it is about to expire. We do not handle renewals unless you send, within 7 days prior to its expiration, a ticket to our helpdesk.