This document sets out the Policies and guidelines applied by The Seedbox Company in its relationship with Customer, in particular to clarify the manner in which the Services and Equipment may be used by Customer and what manner of use is considered unacceptable by The Seedbox Company. The Seedbox Company’s Sales Terms and Conditions (the “Sales Terms and Conditions”), The Seedbox Company’s Service Specifications (the “Service Specifications”), and The Seedbox Company’s Support and Service Levels (“Support and Service Levels”), are also part of the Sales Contract and apply to the Services and any Equipment provided by The Seedbox Company.
CHAPTER A. INTRODUCTION
1.1. In addition to the definitions set out in the Sales Terms and Conditions, the following definitions shall apply:
Authentication Details mean the logins, user identities, passwords, security questions, keys, tokens, URLs and other details that may be used to access the Service.
Blacklist means a so called blacklist or block list which is a basic access control system that denies entry or access to a specific list or range of users or network addresses or IP addresses, as a result of which email sent by a user or from a network address or from an IP address that is on the blacklist will not reach its intended destination or recipient.
DDoS means Distributed-Denial-of-Service.
DoS means Denial-of-Service.
DRDoS means Distributed-Reflected-Denial-of-Service.
Infrastructure means the Equipment, Service and Instances that support the flow and processing of information, including storage, servers and networking components.
ICANN means Internet Corporation for Assigned Names and Numbers, a not-for-profit public-benefit corporation, which is among other responsible for managing the Internet Protocol address spaces and assignment of address blocks to regional Internet registries, for maintaining registries of Internet protocol identifiers, and for the management of the top-level domain name space.
IRC means Internet relay chat.
Mail Bomb means (i) e-mailing copies of a single message to many receivers; and/or (ii) sending large or multiple files or messages to a single receiver with malicious intent.
RIPE means Réseaux IP Européens, i.e. a collaborative forum open to all parties interested in wide area Internet Protocol networks and the (technical) development of the Internet.
Spam means unsolicited bulk messages.
Malicious Software means any type or form of malicious or hostile Software, including but not limited to computer viruses, worms, trojan horses, and spyware.
World Wide Web means a system of interlinked documents that runs over the Internet.
2.1. The Seedbox Company aims to promote a high level of responsible behaviour in connection with the use of its Services, as well as, amongst others, the use of the Internet and the use of email. For this purpose, The Seedbox Company has created the Policies.
2.2. All Customers must comply with the Policies and Customer is required to ensure that its End Users are aware of and comply with the Policies, as though such End User were a Customer. A breach of the Policies by an End User will also be considered a breach of the Policies by Customer.
3. CONTACT PERSONS
3.1. Customer shall designate (i) contact persons whom The Seedbox Company may contact at any time in connection with (suspected) violations by Customer or its End Users of the Policies, (ii) contact persons whom The Seedbox Company may contact at any time in the event of an Emergency.
3.2. Customer will provide to The Seedbox Company a means of contacting said contact person(s) at any and all times, and Customer shall ensure that the information set out in the Customer Portal with respect these contact persons is and remains up to date.
4. AUTHENTICATION DETAILS
4.1. Some Services may only be accessible through the use of Authentication Details. Customer is solely responsible for the maintenance, security and use of its Authentication Details. All consequences and losses relating to the use of Customer’s Authentication Details, whether or not Customer has authorized that use, shall be for Customer’s sole account, including all business and communication conducted with The Seedbox Company through the use of its Authentication Details.
4.2. To the extent possible, Customer shall change its Authentication Details immediately upon receipt thereof by Customer, and Customer shall change the Authentication Details regularly thereafter. Customer will ensure that it will employ best practices when generating Authentication Details.
4.3. If Customer knows or suspects that the security of its Authentication Details has been compromised, or that its Authentication Details are misused, Customer must, as soon as possible, notify The Seedbox Company and immediately change its Authentication Details.
CHAPTER B. ACCEPTABLE USE POLICY
5. USE OF SERVICES
5.1. Customers shall –and shall ensure that its End Users- only use the Services for lawful purposes and shall refrain from any use that breaches the Sales Contract or any applicable law.
5.2. Without prejudice to the law that applies to the Sales Contract, the Customer acknowledges and agrees that the Customer’s use –and its End User’s use- of the Services is to be compliant with (mandatory) law of England and Wales, as well as with other laws applicable to Customers or its use of the Service.
5.3. Customer shall refrain from any use of the Services which may have an adverse effect on The Seedbox Company’s good name or standing, or may cause damage to The Seedbox Company’s business operations, or may subject The Seedbox Company to litigation.
5.4. Specific activities that are prohibited include, but are not limited to: (i) terrorism; (ii) threatening harm to persons or property or otherwise harassing behaviour; (iii) compromising the security (or tampering with) system resources or accounts of other Customers or of any other Internet sites or intranet sites without the proper authorisation; (iv) violating local export control laws for Software or technical information; (v) the use or transmission or distribution of any data or material protected by Intellectual Property Rights without proper authorisation; (vi) the manufacture or use or distribution of counterfeit, pirated or illegal software or other product; (vii) providing or offering compensation to End Users based on download volume, unless Customer knows – or has no reason to doubt – that such End Users are using Customer’s services only for lawful purposes and for the distribution or dissemination of their own data or material, or of data or materials for which they have the proper authorisation to distribute or disseminate the same; (viii) fraudulently representing products or services; (ix) Spamming, phishing, DoS attacks, DDoS attacks, DRDoS attacks without proper authorisation; (x) defamation, zoophilia, child pornography, and child erotica; (xi) intentionally accessing a computer system or Infrastructure structure component without authorization or exceeding authorized access levels thereof; (xii) activities that may result in the placement or inclusion on a Blacklist of Customer, Customer’s IP address(es) and/or IP address(es) assigned by The Seedbox Company to Customer; and (xiii) facilitating, aiding, or encouraging any of the foregoing activities.
5.5. Customer acknowledges that any use by Customer and/or its End Users of the Services in breach of the Acceptable Use Policy could subject Customer and/or its End Users to criminal and/or civil liability, in addition to other actions by The Seedbox Company outlined in Chapter G of the Policies and in the Sales Terms and Conditions.
6. ELECTRONIC MESSAGES / ANTI-SPAM
6.1. Customer may not (i) send electronic messages that in any way is or may be in breach of applicable law; (ii) send or propagate Spam and shall not allow its End Users or third parties to send or propagate Spam via Customer’s IP addresses; (iii) send, propagate, or reply to Mail Bombs and shall not allow its End Users or third parties to send or propagate Mail Bombs via Customer’s IP addresses; or (iv) alter the headers of electronic messages to conceal Customer’s address or to prevent receivers from responding to messages.
6.2. Customer shall refrain from any activities that may result in the placement of Customer or Customer’s IP address(es) on a Blacklist. The Seedbox Company reserves the right to charge Customer two hundred fifity GBP (£ 250.–) per hour in consulting fees for any remedial actions that The Seedbox Company elects to take in the event that, as a result of Customer’s activities, The Seedbox Company’s servers or IP address(es) are placed in any third-party filtering software or Blacklist.
6.3. Bulk messages are only permitted if (i) the Customer has obtained the explicit consent from each of the recipients via double opt-in, and/or (ii) applicable law permits the sending of such messages without the recipients’ consent. Customer is obliged to offer in each electronic message, an easily accessible functioning unsubscribe mechanism, and Customer shall immediately cease sending electronic messages to a recipient after the recipient has unsubscribed.
7. INTERNET USE
7.1. Customer is prohibited from posting or transmitting unlawful material on or via the Internet or the World Wide Web.
7.2. The Seedbox Company is entitled to actively block ports or IP addresses for the Network, in the event that such is – in The Seedbox Company’s reasonable view necessary to preserve or protect the security and performance of the Network or the Internet or the World Wide Web. An overview of the blocked ports or IP addresses may be requested in writing by Customer from The Seedbox Company.
7.3. Without prejudice to the generality of Clause 7.2 of the Acceptable Use Policy, The Seedbox Company shall in any event actively block the following ports for its Network: (i) UDP/137 – Netbios; (ii) UDP/139 – Netbios; (iii) TCP/135 till 139 – Netbios;(iv) TCP/445 – Smb; and (v) Protocol UDP port 11211 – Memcache
7.4. If The Seedbox Company reasonably suspects that Customer is subject to a DoS attack, DDoS attack, DRDoS attack or another attack and (in The Seedbox Company’s reasonable opinion) such attack negatively affects the Infrastructure, The Seedbox Company shall be entitled to immediately block access to Customer’s Infrastructure. In the event that Customer is subject to repetitive attacks, and Customer does not successfully take measures to prevent that future attacks may negatively affect The Seedbox Company’s Infrastructure, then The Seedbox Company shall be entitled to immediately terminate theSales Contract by sending a written notice to Customer.
8. IRC USE
8.1. Customer is prohibited from posting or transmitting inappropriate material via the use of IRC or to otherwise use IRC in a manner that is in breach of the Acceptable Use Policy. For the purpose of this clause, prohibited use of IRC include so called ‘eggdrops’ and ‘psybnc shell hosting’.
8.2. Without the prior written consent of The Seedbox Company, which The Seedbox Company may grant or deny in its sole and absolute discretion, Customer is prohibited from hosting an IRC server, regardless whether it concerns a stand-alone IRC server or an IRC server that connects to global IRC networks.
9. USE OF THE CUSTOMER PORTAL
9.2. Customer shall observe each and any instruction of The Seedbox Company regarding the use of the Customer Portal.
10. USE AND REGISTRATION