READ THIS AGREEMENT CAREFULLY BEFORE USING ANY SERVERZ SERVICE.
SERVERZ primary goal is to preserve the value of the Internet as a resource for information and free expression and respect the privacy and security of Internet users. SERVERZ values itself as responsible hosting provider and strongly discourages irresponsible practices, which degrade the usability of network resources and thus the value of Internet services. This Acceptable Use Policy (AUP) specifies the actions prohibited by SERVERZ. SERVERZ reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this webpage. Use of SERVERZ services is conditional upon acceptance of AUP. It is Customer's responsibility to regularly check for modifications. (Customers, users, and visitors are referred collectively as Customer).
Complaints & Disputes
All abuse complaints and disputes on issues not listed in our AUP will be dealt with according to the laws of Morocco. The court of Morocco shall have exclusive jurisdiction in the event of disputes resulting from or relating to any complaints, disputes or agreements between the Customer and the complainant. Should the complainant agreed to leave the dispute decision to the laws of Morocco, the complainant shall accept that SERVERZ as the content hosting provider cannot be held liable for any consequential, incidental, exemplary, punitive or multiple damages. Until the decision of the dispute is made known, SERVERZ reserves the right to continue providing the services to the Customers.
Suspension of Services
Suspension of services may be caused by abuse and violations of system or network security, be it an action by the service owner or a result of a compromised service. These offences may result in suspension, cancellation or criminal and civil liability. SERVERZ carries the right to suspend and/or cancel any service under its network without prior notice. Using SERVERZ network, services, or systems to store or send content which is illegal according to the laws of Morocco is not permitted for any reason. Examples of system or network abuse or security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
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.
Use of SERVERZ service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of SERVERZ service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.
Use of SERVERZ service to distribute Virus or any other forms of data which can cause considerable harms to any network. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
Use of SERVERZ services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.
Overload of SERVERZ services until the system performance or other customers' business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.
Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the SERVERZ network, nor to collect responses from UCE or Spam regardless of whether sent over the SERVERZ network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with use of the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers.
Child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law. Customer is held fully responsible for any misuse of account regardless of whoever committed the act.
Using a shared hosting account as a backup/storage device is strictly not permitted. Shared hosting account are meant for hosting Customer’s website content.
IRC is well-known for being a platform for a Command and Control or "C&C" type of technology, where malware that was placed (or downloaded and ran) on a machine on local network connecting outbound, "beaconing" back to the C&C server (generally just an IRC channel with a password) so that the Master of the malware could control the other computers known as a botnet.
SERVERZ strictly prohibits clients from hosting game servers on shared hosting. Game servers are only allowed to be installed and hosted on Windows Hyper-V based virtual private server (VPS) or dedicated servers platforms only. Please contact sales for more information on both solutions for hosting Game Servers.
No SERVERZ resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, SERVERZ will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.
Investigation & Cancellation of Services
SERVERZ reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. SERVERZ at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, SERVERZ reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning and/or incurs an abuse fees. If SERVERZ feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. SERVERZ does not issue refunds for terminating service due to any of the causes specified above. Dedicated Server or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.
If your or your end users’ actions have caused the SERVERZ mail servers or IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the internet, you will be assessed a USD100 abuse administrative charge and fees of USD100 per hour for employee time incurred to contact list holders, remove any blocks and protect our mail servers and IP ranges.
SERVERZ reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice.
For Resellers: We will suspend the site in question and will notify you to take action. If Customer’s account has repetitive occurrence of this type, it may result in the immediate termination of Customer’s account.
For Direct customers: Customer’s services will be terminated with or without notice.
DDOS Attack Policy
DDoS Attacked (Being Attacked)
NOTE: For servers with Anti DDoS subscribed, the mitigation process will be automatically performed and a notification will be sent to the server owner. Take note that the IP under mitigation would be IMCP disabled as part of our mitigation strategy. Therefore the said server will appear to be unreachable when PING is performed.
DDoS Attacking (Attacking Others)
1) If a server is found to be sending out attacking DDOS packets, the server will be put under suspension with the IP being nullrouted/ blackholed immediately. Customer will be alerted and will be required to investigate and perform the necessary fix on the compromised server. In order to do so, our support engineers will extend the ability for the server owner to connect the server’s RDC or SSH connection. Server will be reinstated upon confirmation that the root cause for the outgoing attacks are fixed and cleared.
NOTE: For Co-Location Server hosting, server owners will be required to send their engineers onsite to the data center to perform the investigation and necessary fix before the server is reinstated.
2) The server hosting will be terminated and a Permanent Suspension notice will be sent to the server owner for any reoccurring outgoing attacks.
NOTE: For Shared Hosting subscriptions, the first DDoS attack (incoming or outgoing) will be considered coincidental and will be released after 24 – 48 hours. If the account is attacked for the second time, a permanent suspension will be performed for the said subscription There will be no plea upon the final decision on the Permanent Suspension. Customer may request for the data backup link. AntiDDOS subscription is only applicable for the IP that is mitigated. Clients are recommended to subscribe to the Anti DDoS protection for all IP addresses under their server subscription. You may contact Sales for a discounted quote.
Reporting AUP Violations
Please email to : AUP.REPORT@serverz.cx
SERVERZ promotes a high level of responsible behaviour with the use of its services. The Company respects the rights of others and requires that users of its services do the same.
If you have identified that SERVERZ services are used in violation of the SERVERZ’s Terms and Conditions, you can send an abuse notification.
The procedure and requirements for the abuse notifications are set forth below. SERVERZ would like to emphasize that if the necessary information related to the abuse was not presented, SERVERZ cannot take appropriate measures. When processing an application in accordance with the present document, SERVERZ is guided by the following principles:
Limitation of Liability
SERVERZ complies with the laws and does not have control over the use of its services by its Customers. SERVERZ does not assume the functions of a judicial or law enforcement agency. SERVERZ cannot define whether or not the content posted is illegal. In case of any disputes, an Applicant should contact a law enforcement agency or a court.
Presumption of good faith
SERVERZ respects its Customers and proceeds on the basis that they comply with the legal requirements and SERVERZ’s Terms and Conditions while using the services.
The application procedure should not interfere with the necessary legal actions. An Applicant must understand that evidence tampering is illegal.
An application will only be taken into processing if it meets the requirements outlined in this document.
We solely process applications or complaints of unlawful and/or illegal content if received in writing. Any applications or complaints that contradict the notice and takedown procedure as described below, will not be processed.
The application must be sent to AUP.REPORT@serverz.cx
The application should state that the applicant undertakes to indemnify for losses incurred by the SERVERZ in the case of unwarranted server suspension, if afterward the application is proved to contain false information about the violation of the applicant’s copyright.
It is Applicant’s obligation to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses.
Requirements and Procedure
Once complaint is submitted, SERVERZ will consider the accuracy of the application. SERVERZ evaluates reports referred to in the document to determine whether they are unequivocally unlawful and/or punishable. SERVERZ does not disclose information on the status of the application except for the cases stipulated by law.
The following actions are construed as an abuse by SERVERZ:
In some cases, SERVERZ may grant a Customer an option to contest the alleged violation by submitting a counter-notice. SERVERZ shall review the submitted information and may (at its sole discretion) decide to reject Customer’s counter-notice, and require Customer to take immediate remedial action, if, at SERVERZ’s sole discretion, Customer’s or the end user's content or actions are unmistakably unlawful and/or may subject SERVERZ to third party applications and/or litigation.
This document is not exhaustive, SERVERZ reserves the right to modify it from time to time. The continued use of the Services after a modification has been communicated, constitutes Customer’s acceptance of the document.
Nothing in this text should be construed as a legal advice. For the definitive word on the law, legal help, etc. SERVERZ highly recommends to seek qualified legal counsel. Never send abuse applications directly to personal email addresses of SERVERZ employees and never call about abuse to personal mobile telephone numbers of SERVERZ personnel.