Acceptable Usage Policy

All services provided by Duvera Tech may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Country, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Duvera Tech and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or ToS/AUP violation are not refunded under any circumstances.

The following acts will be considered violations of the AUP:

1.1 Illegal Use
includes, but are not limited to:

Using the service in any way which violates Country, State, Local, or International law.
Transmitting copyrighted material without authorization from the copyright holder
Violating export control regulations
Copyrighted media, without authority to distribute or display
File Storage/Image Hosting/File Repository/Streaming/Backup
Child pornography or kidnapping material

1.2 Malicious Activity
includes, but are not limited to:
Willfully interfering with the regular operation of the Service
Attempting to access any unauthorized system or services
Hosting any deceptive material for the purposes of phishing
Running any password cracking software
Virus/Virii, Spyware, Malware, or other infectious material
Running root exploit kits against other servers
Distributing viruses, worms, or trojan horses
Forging or misrepresenting message headers in whole or in part
Scanning networks
Threatening or encouraging bodily harm or destruction of property
Violating of the rights of privacy or publicity of an individual

1.3 Promotion of Illicit Activity
includes, but are not limited to:
Any activities prohibited by Country, State, Local, or International law
Any activities which result in the spread of computer viruses or other damaging programs or data files
Any activity or Material protected by trade secret or other statute
Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
Terrorist propaganda, racist material, or bomb/weapon instructions
Hacking, Cracking programs or key generators
Gambling
Circumvention of copyright or patent protection
Exposure of any trade secret

1.4 Unsolicited Bulk Electronic Mailing
includes, but are not limited to:
Transmitting any unsolicited commercial e-mail
Transmitting any unsolicited bulk e-mail
The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Estonia – State, Local, and International laws governing the transmission of electronic mail.

1.5 Spamvertising and Related Activities
includes, but are not limited to:
Posting commercial, political, or advertising posts to public forums
Issuing unsolicited trackbacks for the purpose of promotion
Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
Hosting a destination site linked from Unsolicited Bulk Electronic Mailing

1.6 Abuse
includes, but are not limited to:
Consistent overuse of shared resources to the detriment of other Subscribers
Operating an open proxy server or using the Service as part of a proxy network
IRC and associated programs
Scripts commonly used for abuse, attacks, or flooding
Threatening, harassing, or obscene content
Any proxies which do not require authentication (including open or unprotected anonymous web surfing/mail proxies etc.)

1.7 Insufficiently-Secure Administration
includes, but are not limited to:
Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
Allowing an unauthorized third party to establish root access to Service provided by the Service Provider
Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
Operating an open mail relay

1.8 Miscellaneous
Operating an Internet Relay Chat (IRC) server
Denial of Service Attacks (DOS/DDOS)
Any Spamming/Phishing or Hacking/Port Scanning/DDoS and CAMFROG related services
Unnecessary Port Scans
Mail Bombing
Excessive CPU Load
Abusing Server Resources
The client make sure

NOT to Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
NOT Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
NOT Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
NOT Run any software that interfaces with an IRC (Internet Relay Chat) network.
NOT Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
NOT Participate in any file-sharing/peer-to-peer activities
NOT Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
NOT Run cron entries with intervals of less than 15 minutes.
NOT Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

1.9 Banned Scripts and programs:
The following scripts and programs are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops/Scripts/Bots
Proxy Servers/Scripts/Anonymizers
Mail bombers
Anonymous mailers
IP and Port spoofers/Scanners
Hivemail/Mailer Pro
Telnet or SSH Access Scripts
nph-proxy (and other scripts which operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
lstmrge.cgi
PHP/CGI Shells or Hacking Tools
FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
Pirated Software/Warez
Image Hosting Scripts (e.g similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Child pornography
Anything that sends unsolicited/Junk/spam emails

1.10 Torrent Activities:
We allow torrent activities from Private Trackers only.
We NEVER allow any of our client to use public tracker for any kind of torrent activties including leeching, downloading or seeding etc. If some client use any public tracker, he does so on his own risk and he is solely resposible for it. We will immediately suspend such accounts if we get any kind of complaint regarding that torrent or IP or Account.

1.11 DDoS or Attack Prevention:
Our Services comes with a basic level ddos protection. You should harden your VPS/server security with firewall, antivirus and other applicable softwares to get a better protection against DDoS attacks. Please note the following policies in case of an incoming/out going attacks via your VPS/Server.
INCOMING ATTACK on your VPS/Server :
1st Incident : Your IP will be null-routed for 24 hours or more and it can be reactivated if we think attack is stopped.
2nd Incident : If the attack comes again, we may null-route your IP for 72 hours or more and it can be reactivated if we think attack is stopped.
3rd and final incident : If the attack still continues, we will close your VPS/Server and provide you a way to backup your data. We may also decide to stop providing any new services to you or close your account permanently in case of frequent attacks on your services.

OUTGOING ATTACK from your VPS/Server :
We stritcly DO NOT allow such acvities on our network including but NOT limited to DDoS/other Attacks, port scanning, hacking/cracking activites etc. If we found your services are involved in such activites, it will be suspended immediately and it may be closed permanently depeing upon severity of the attack/issue.