Hosting Acceptable Use Policy (AUP)

Last Update: Setember 04, 2024

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement, “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant, or person authorized to act on Your behalf. “We”, “us”, and “our” refer to CoreCloudConnect / XOOMMIT, Inc., as well as its subsidiaries and sister companies.

Payment Terms:

CoreCloudConnect / XOOMMIT may suspend services or terminate this Agreement if You fail to make payments when due. Such suspension or termination does not release You from the obligation to settle all outstanding charges, including reasonable interest and any applicable collection costs.

If Your account becomes overdue, it will be suspended until the full outstanding balance is cleared. Should the overdue balance remain unpaid for 21 days following the billing date of Your shared hosting account, CoreCloudConnect / XOOMMIT reserves the right to terminate Your services due to non-payment.

In the event Your account violates the Terms of Service, it will be terminated immediately, with all payments being forfeited.

If data loss occurs due to an error on the part of CoreCloudConnect / XOOMMIT, we will attempt to recover the data at no cost to You. For shared hosting servers, backups of newly added or modified data are performed weekly. However, no explicit or implied guarantees are provided regarding the integrity of these backups.

Prohibited Activities

By using any services provided by CoreCloudConnect / XOOMMIT, You agree:

• Not to violate any applicable laws, regulations, ordinances, or other legal requirements from Federal, State, or local governments.
• Not to transmit unsolicited commercial or bulk email, engage in spamming activities, or perform any form of Mail Bombing.
• Not to make or attempt any unauthorized communications to Newsgroups, Mailing Lists, Chat Facilities, or other Internet Forums.
• Not to make, attempt, or allow unauthorized access to the CoreCloudConnect / XOOMMIT website, servers, Your own hosting account, or the accounts of other customers.
• Not to allow the execution of any malicious software or remote code via the hosting account provided by CoreCloudConnect / XOOMMIT.
• Not to cause denial-of-service attacks, port scans, or perform other invasive actions against CoreCloudConnect / XOOMMIT servers or the servers of other users.
• Not to forge signatures or any identifying information in an attempt to deceive others regarding Your identity.
• Not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or engage in the sale of prescription drugs without a valid prescription.
• Not to use CoreCloudConnect / XOOMMIT services to host websites, content, links, or advertisements that:
  • Engage in fraudulent or phishing activities;
  • Impersonate individuals or companies;
  • Infringe on any intellectual property rights;
  • Contain nudity, pornography, or adult content;
  • Promote hatred towards specific social, ethnic, or religious groups;
  • Contain violence or incite violent behavior;
  • Include proxy servers or traffic relaying programs;
  • Engage in illegal gambling, lottery, or casino activities;
  • Host torrent trackers, portals, or similar software;
  • Promote pyramid schemes, multi-level marketing, or similar illegal activities.

Additionally, You agree not to upload unacceptable material, including:

• IRC bots, warez, image or file storage;
• Mirror or banner-ad services, topsites, streaming;
• Escrow, High-Yield Interest Programs (HYIP), or investment sites (FOREX, E-Gold exchanges, etc.);
• Cryptocurrency miners, MUDs/RPGs;
• AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs;
• IP scanners, brute force tools, Mail Bombers, or spam scripts.

You also agree not to engage in activities that cause harm to CoreCloudConnect / XOOMMIT or other customers, including but not limited to:

• Actions that result in Our IP addresses being blacklisted in spam databases, or actions leading to DDoS attacks;
• Activities meant to defame, harass, or harm others, including activities prohibited by U.S. or international laws;
• Activities that are vulgar, invasive of privacy, or deemed racially, ethnically, or otherwise objectionable by CoreCloudConnect / XOOMMIT;
• Actions that impersonate others or cause harm to minors.

CoreCloudConnect / XOOMMIT reserves the right to refuse service at Our sole discretion. Any material deemed obscene or threatening will be removed from Our servers immediately, with or without notice, and may result in warnings, suspension, or immediate termination of Your account without refund. We retain the right to determine what constitutes a violation of the Acceptable Use Policy and the severity of corrective actions. If a violation occurs, CoreCloudConnect / XOOMMIT will take corrective actions as necessary and notify You. Our decisions are final and binding.

CoreCloudConnect / XOOMMIT shall not be liable for any damages or losses arising from measures taken to protect the company or third parties from harm. Accounts suspended for more than 14 days without corrective action will be terminated, and any associated data permanently deleted. No refunds will be issued for terminated accounts.

CoreCloudConnect / XOOMMIT reserves the right to investigate the use of its services for potential policy violations. This includes all hosting packages and services. Content that violates our policies or Terms and Conditions will be removed without backups.

You represent and warrant to CoreCloudConnect / XOOMMIT that Your content does not and will not violate any laws, regulations, or proprietary rights of third parties. You confirm that You own or have permission to use the content hosted on Your server account, and it will not be used for illegal activities.

Email and Anti-spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation related to bulk and commercial email. The sending of mass unsolicited emails is strictly prohibited. Any emails sent to recipients who have not provided Confirmed Opt-In or Closed-Loop Opt-In consent to receive communications from You will be treated as unsolicited messages. If You engage in mass email campaigns, You must maintain accurate records of all consents and opt-ins, and provide these records to CoreCloudConnect / XOOMMIT upon request. If You are unable to present verifiable proof of consent and opt-ins, We will consider the emails unsolicited.

CoreCloudConnect / XOOMMIT prohibits, without limitation, the following activities:

• Using CoreCloudConnect / XOOMMIT’s network and systems to receive responses to unsolicited mass email messages;
• Forging email headers or engaging in “spoofing”;
• Spamming via third-party proxies, using proxy list aggregators, or installing proxy mailing software;
• Configuring a mail server to process and send third-party emails without proper user identification or authentication;
• Hosting web pages advertised through spam email from another network (“spamvertising”);
• Hosting websites or providing services that facilitate spam;
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer logs, Usenet posts, pop-ups, instant messages, or text/SMS messages to send or transmit unsolicited bulk messages;
• Advocating activities prohibited by the Acceptable Use Policy of this Agreement.

If We determine that You have deliberately or recklessly used Our services to send SPAM, We reserve the right to impose a $500 fee on Your account to cover the administrative costs associated with addressing SPAM-related issues. You agree that We have sole discretion to apply this fee. It will be charged to Your account in accordance with the payment information provided when You acquired Our services. Additionally, if We find that You have deliberately or recklessly engaged in SPAM activity, We may share Your information, including identity, with anti-SPAM organizations and blacklists.

CoreCloudConnect / XOOMMIT takes SPAM violations very seriously and will take action whenever deemed necessary.

Additional Acceptable Use Policy for Shared Accounts:

Server Resource Provision. Your use of server resources must not negatively impact the capacity and performance of the shared server.

For shared accounts, the resource usage limits are as follows:

Note: We may allow any shared account to burst up to:

Each shared CPU core equals 100%.

Burst allowance is intended as an exception to help stabilize website performance during peak periods. If an account consistently uses burstable resources, You may be required to upgrade to a plan with higher resource availability. The decision to upgrade is at the sole discretion of CoreCloudConnect / XOOMMIT.

General Account Package Limitations:

• No script should use 25% or more of system resources for 60 seconds or longer.
• Running stand-alone or background server-side processes/daemons is strictly prohibited.
• Running web spiders or indexers (e.g., Google Cash / Ad Spy) is not allowed.
• Cron jobs cannot be run at intervals shorter than 5 minutes, and no more than 5 simultaneous cron jobs may be set up.
• Public file exchange services are prohibited.
• BitTorrent/P2P applications are not allowed.

CoreCloudConnect / XOOMMIT staff may use various tools to monitor system resource usage, including:

• Standard UNIX system tools (e.g., ‘ps’, ‘top’, ‘iostat’);
• MySQL/PostgreSQL statistics;
• cPanel reporting;
• Resource usage alerts from CSF/LFD security systems.

Disk Usage Provision. All website content must be accessible via HTML or similar publicly accessible web pages. Inode usage on a shared server must not exceed the following limits:

Limits on downloadable files, media, and databases include:

• Up to 10GB can be used for multimedia files (e.g., .aac, .avi, .mp3, .mp4, .jpg, .png, .gif).
• Up to 10GB can be used for archives and disk image files.
• Up to 10GB can be used for databases and database dumps (e.g., .sql files).
• Up to 10GB can be used for executable files or other compiled programs.
• Up to 10GB can be used for email storage.

CoreCloudConnect / XOOMMIT reserves the right to determine unfair or inappropriate content usage, which may result in immediate account suspension or required upgrade to a higher resource package. The decision to upgrade is at CoreCloudConnect / XOOMMIT’s discretion.

Backup Limitations. Shared hosting accounts using over 100 GB of disk space will not be included in the weekly system backup. Accounts exceeding 100 GB must manage their own backups.

Softaculous backups are stored for 28 days, after which they will be deleted. When using the backup rotation feature, You are allowed up to 10 backups per script installation. The 11th backup will replace the oldest one.

You are responsible for maintaining backups of Your data before requesting customer support for any actions performed by CoreCloudConnect / XOOMMIT. If You are dissatisfied with the results, You will be solely responsible for restoring Your own data.

IPv4 Address Usage Policy. Due to the limited availability of IPv4 addresses, CoreCloudConnect / XOOMMIT actively conserves IP space by limiting each shared hosting account to 1 IP address.

This limit applies per account, not per customer. Customers may create multiple accounts to acquire additional IP addresses. However, we strongly encourage the use of IP addresses only for essential purposes, and justification for IP usage is required.

Transfer of Content

If You terminate this Agreement or discontinue using CoreCloudConnect / XOOMMIT’s products and/or services, it is Your responsibility to transfer Your server content from CoreCloudConnect / XOOMMIT’s servers. CoreCloudConnect / XOOMMIT will not assist in transferring or FTPing Your content to another provider. Upon termination of Your use of CoreCloudConnect / XOOMMIT’s products and/or services, CoreCloudConnect / XOOMMIT will not manage or transfer Your services or content.

CoreCloudConnect / XOOMMIT Reservation of Rights

CoreCloudConnect / XOOMMIT explicitly reserves the right, at its sole discretion, to:

(i) Establish limits and guidelines for the use of CoreCloudConnect / XOOMMIT’s services and products;

(ii) Require You to provide documentation that verifies the legitimacy of Your use of our services, including but not limited to proof of identity, business entity verification, and legal permissions/licensing;

(iii) Terminate Your use of CoreCloudConnect / XOOMMIT’s services and products for non-payment, harassment of CoreCloudConnect / XOOMMIT or third parties, or any violation of the Acceptable Use Policy that CoreCloudConnect / XOOMMIT deems harmful to other customers, operations, or its reputation, whether lawful or unlawful;

(iv) Terminate Your use of CoreCloudConnect / XOOMMIT’s services and products if it leads to or is the subject of legal action or potential legal action against CoreCloudConnect / XOOMMIT or any of its affiliates or partners, regardless of the merit of such action;

(v) Terminate Your use of CoreCloudConnect / XOOMMIT’s services and products at any time and for any reason if deemed necessary by CoreCloudConnect / XOOMMIT. While CoreCloudConnect / XOOMMIT is not obligated to monitor Your use of its services and products, it reserves the right to do so at its sole discretion.

Right of Refusal

CoreCloudConnect / XOOMMIT reserves the right to refuse services to anyone at its discretion.