Acceptable Use PolicyThis document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of ClusterTech Limited ("ClusterTech"), formerly known as Cluster Technology Limited, governing the use by the Subscriber ("Subscriber ") of the ClusterTech’s services and products ("Services and Products"). The Purpose of the ClusterTech’s Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with any law coupled with protecting the network security, network availability, physical security, Subscriber ’s privacy, and other factors affecting the services provided by ClusterTech. ClusterTech reserves the right to impose reasonable rules and regulations regarding the use of its Services provided to all Subscribers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at https://portal.fengqi.asia. The AUP is not an all-inclusive or exhaustive list and ClusterTech reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs to https://portal.fengqi.asia or notification to the Subscriber via email.
ClusterTech may, at any time, remove access to this service to any Subscriber for abuse, excessive utilization, any activity deemed harmful or adverse to ClusterTech or its Subscribers, or to improve system and network security. ClusterTech reserves the right to remove access to any service or feature that, in ClusterTech‘s sole judgment, is being abused, even if through negligence or ignorance, by the Subscriber.
Any violation of the AUPs may result in the immediate suspension or termination of Subscriber’s account or such other action as ClusterTech deems appropriate. Fees may be assessed against Subscriber’s account and no credits will be issued for any interruption in service resulting from policy violations.
Compliance with Law
Subscriber shall not post, transmit, re-transmit or store material on or through any of ClusterTech’s Services or Products which, in the sole judgment of the ClusterTech (i) is in violation of any law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, gro up or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation o r distribution of "pirated" or other software products that are not appropriately licensed for use by Subscriber. Subscriber shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Subscriber Security Obligation
Each Subscriber must use reasonable care in keeping software Subscriber runs on the ClusterTech’s servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect Subscriber’s account may result in a security compromise by outside sources. A compromised server creating network interference will result in immediate Subscriber notification and will be disconnected from the network immediately so as to not directly affect other Subscribers. The Subscriber is solely responsible for any breaches of security under Subscriber control affecting servers. If a Subscriber intentionally creates a security breach, the cost to resolve any damage to Subscriber ’s server or other servers will be charged directly to the Subscriber.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. ClusterTech investigates all incidents involving such violations and will cooperate with law enforcement if criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Subscriber is not an intended recipient or logging into a server or account that the Subscriber is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Subscriber ’s server.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the Subscriber ’s host (example: denial of service attack or distributed denial of service attack).
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
- Network interference by any Subscribers that may cause or is currently causing network interference with another Subscriber.
- Transmission, distribution or storage 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.
- Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through ClusterTech’s servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on ClusterTech’s servers is prohibited. ClusterTech accounts or services may not be used to solicit Subscribers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate either 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 em ail address owner is prohibited. All mailing lists run by ClusterTech Subscribers 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 ClusterTech-hosted domain, or referencing any ClusterTech account, is prohibited.
- Running any process that listen on a network port unless first authorized by ClusterTech.
- Advertising, transmitting, or otherwise making 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.
- 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.
- Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
- Accessing or attempting to access Subscriber’s account or other ClusterTech services after Subscriber (or ClusterTech) has cancelled Subscriber ’s account.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any ClusterTech’s Subscribers or end-users by any means or device, or any other privileged operating system commands.
- 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 ClusterTech’s network or on another provider’s network.
- Using ClusterTech’s Services to interfere with the use of the ClusterTech’s network by other Subscribers or authorized users.
System and Network Resource Usage
ClusterTech’s servers and networks are carefully maintained and monitored to provide optimum performance for certain types of usage; namely, serving content and Services on the Internet. Subscribers are expected to operate Subscribers’ accounts in such a manner as to maintain system and network performance and stability.
- Excessive Processor Utilization: Processes utilizing a significant percentage of a server’s processor will, at ClusterTech’s discretion, be terminated. ClusterTech will make every attempt to notify Subscriber of this process termination and the underlying reason. However, in some instances the process may be terminated automatically without warning.
- Excessive Network Utilization: Subscribers using an excessive amount of bandwidth in a short period of time will, at ClusterTech’s discretion, be throttled or have Subscriber’s site and/or account otherwise rendered unusable
- Terminal/Shell Access: As a service to Subscribers, to make managing Subscriber’s account easier, ClusterTech makes available server access via SSH (i.e.: shell accounts). Subscribers are prohibited from using this method of account access to attempt to access other Subscribers’ or ClusterTech’s accounts or information.
- Resolution of Problems: All problems found by ClusterTech that are within the Subscriber ’s control and that result in excessive server or network utilization are the responsibility of the Subscriber to fix. ClusterTech may, from time to time, assist Subscriber in researching and repairing the problem; this is done as a courtesy and does not imply that ClusterTech has taken responsibility for fixing this problem. ClusterTech may, at its discretion, removes access to the services impacted until the Subscriber resolves the problem.
Each Subscriber is expected to execute reasonable Internet etiquette. The Subscriber will comply with the rules appropriate to any network to which ClusterTech may provide access. The Subscriber should not post, transmit, or permit Internet access to information the Subscriber desires to keep confidential. The Subscriber is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against ClusterTech by offended users. ClusterTech reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
ClusterTech services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Utilizing or distributing unauthorized copies of software constitutes a violation of any law. If Subscriber copies, distributes or installs the software in ways that the license does not allow, Subscriber is violating copyright law. ClusterTech will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on ClusterTech’s Servers.
Subscribers shall NOT use IP addresses that were not assigned to them by ClusterTech. Any account utilizing IP addresses outside of those assigned to it will be suspended from network access until such time as the IP addresses overlap can be corrected. Use of an unauthorized IP address or use of an unauthorized IP address creating a third party Subscriber outage will result in penalty charge and termination of service.
Suspension and Termination
ClusterTech reserves the right to suspend service to any Subscriber located on our servers for violation of the AUP. ClusterTech will use reasonable care in notifying the Subscriber and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. For single or for continued and repeated violations of the AUP or, at ClusterTech’s discretion, to prevent a violation of the AUP, ClusterTech reserves the right to:
- Terminate service without notice for single or for continued and repeated violations of the AUP.
- Limit Subscriber access to services or implement service and resource usage restrictions.
- Ask the Subscriber to upgrade to a higher service plan. ClusterTech shall be the sole determiner of which of the above actions is to be taken, and can reverse or revise its decision at any time.