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 DraculaServers on the judgement 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 DraculaServers 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 judgement 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 DraculaServers cannot monitor or censor the Internet, and will not attempt to do so, DraculaServers 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 DraculaServers 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 DraculaServers' network and may reach a large number of people, including both subscribers and non-subscribers of DraculaServers, subscribers' postings to the Internet may affect other subscribers and may affect DraculaServers' goodwill, business, reputation or operations. For these reasons, subscribers violate DraculaServers policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
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 DraculaServers, but also because it can overload DraculaServers's
network and disrupt service to DraculaServers's subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
DraculaServers will investigate and suspend the account if it is found to be
sending SPAM. A $500 charge for violating this policy will be charged to the
person initiating the SPAM. Furthermore DraculaServers reserves
the right to prosecute for this violation.
BitTorrent::
DraculaServers does not allow BitTorrent, you may not run any bit torrent application/script, tracker, or client, and will suspend/terminate
any offending account.
TOR - Open Proxy/VPN:
You may not run any public proxy services or any scripts that interface with TOR, including TOR relay, entry, exit and bridge nodes. TOR, public proxies and public VPN's are strictly forbidden and we reserve the right to immediately terminate any account, without warning, found to be running these services.
Minecraft:
DraculaServers is not for Minecraft servers, the large load these servers produce causes excessive strain on our infrastructure and as such is strictly forbidden.
Digital Currency Mining
The high CPU loaded produced by mining digital currency negatively impacts performance for all of our customers, as such you may not run any BitCoin related services, this includes any BitCoin derivatives such as LiteCoin, ZeroCoin and any other digital currencies.
CamFrog:
Due to the high frequency of DDOS attacks against CamFrog servers, it is forbidden to host Camfrog servers or other server applications that are frequent targets of Denial of Service attacks or other types of attacks. If found to be running such services your server will be immediately suspended and the server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the offending service, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Obscene Speech or Materials:
Using DraculaServers's network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. DraculaServers 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 DraculaServers's 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.
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 DraculaServers
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. DraculaServers will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with DraculaServers' policy or applicable law. However, when DraculaServers 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 DraculaServers.
DraculaServers is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching DraculaServers' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. DraculaServers does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. DraculaServers reserves the right to directly take action against a customer of its subscribers. Also, DraculaServers may take action against the DraculaServers' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, DraculaServers anticipates that subscribers who offer Internet services will cooperate with DraculaServers in any corrective or preventive action that DraculaServers deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DraculaServers policy.
DraculaServers 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. DraculaServers may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, DraculaServers 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. DraculaServers 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, DraculaServers may disclose subscriber information or information transmitted over its network where necessary to protect DraculaServers and others from harm, or where such disclosure is necessary to the proper operation of the system. However, DraculaServers will never sell information to other services or outside companies.
DraculaServers 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 DraculaServers policy. Finally, DraculaServers wishes to emphasize that, in signing the Service Agreement, subscribers indemnify DraculaServers for any violation of the Service Agreement, law or DraculaServers policy resulting in loss to DraculaServers or the bringing of any claim against DraculaServers by any third party. This means that, if DraculaServers 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 DraculaServers, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including DraculaServers and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@draculaservers.com
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