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 OF (INTERNET) DOMAINS/IP ADDRESSES/AS NUMBERS
10.1. Customer shall comply with the policies, guidelines, terms and conditions applied from time to time by the organisation or entity which is responsible for the management (registration and/or distribution and/or giving into use) of an (Internet) domain, such as – for example – ICANN.
10.2. Customer shall comply with the policies, guidelines, terms and conditions applied from time to time by the organisation or entity which is responsible for the management (registration and/or distribution and/or giving into use) of IP addresses and AS numbers, i.e. the regional Internet registries of RIPE.
11. RESTRICTIONS ON USE OF SHARED WEB HOSTING SERVICES
11.1. Customer may not:
a) use the Shared Web Hosting Services in a manner that may interfere with or otherwise disrupt services to other customers of The Seedbox Company or The Seedbox Company’s infrastructure or that may cause an Emergency;
b) knowingly allow any other website or hosting server to link to content stored on The Seedbox Company’s systems. At least 75% of any content stored on The Seedbox Company’s systems must have associated HTML, PHP or similar files at the Shared Web Hosting Service linking to the content stored on the Shared Web Hosting Services;
c) exceed the Shared Web Hosting Services limits, such as allotted diskspace or bandwidth;
d) run scheduled tasks, such as cron entries, with intervals of less than fifteen (15) minutes;
e) send more than 50 emails per minute/500 emails per hour; and/or
f) use Shared Web Hosting Services for hosting Mailer Pro, Push button mail scripts, proxy scripts/anonymizers, autoSurf/PTC/PTS/PPC sites, spiders, crawlers, indexers, banner-ad services (commercial banner ad rotation).
11.2. If The Seedbox Company detects failed login attempts to the Shared Web Hosting Service, it may, without notice and whithout obligations of any kind, ban network access from the source of those failed attempts.
CHAPTER C. ABUSE COMPLIANCE POLICY
12. ABUSE HANDLING REQUIREMENTS
12.1. In connection with use of The Seedbox Company Services, Customer shall adopt and apply an abuse handling procedure which is compliant with the Policies, with the law that applies to the Sales Contract and with any other law applicable to Customer.
12.2. Customer shall log (date and timestamp) each Abuse Notification (as defined below) received by Customer from The Seedbox Company and from third parties, including the nature of the notification (e.g. copyright infringement), as well as Customer’s response to such complaint, and the moment that Customer deems the Abuse Notification to be resolved.
12.3. Customer shall maintain the log in respect of each Abuse Notification for a minimum of two (2) years after the date that Customer deems such Abuse Notification to be resolved. Customer will provide The Seedbox Company with a copy of its Abuse Notification log, upon The Seedbox Company’s request.
12.4. Customer shall ensure the availability of sufficient and properly trained personnel to ensure that Customer’s End Users comply with the Policies and to apply Customer’s abuse handling procedure and to handle the volume of abuse notifications that arrive without backlogs.
13. ABUSE PROCEDURE
13.1. If The Seedbox Company is notified by a third party (including any law enforcement authority) of a (suspected) violation by Customer and/or the End-User of the Acceptable Use Policy and/or any applicable law (an “Abuse Notification”), The Seedbox Company shall notify Customer hereof by way of email or such other method of communication as The Seedbox Company deems appropriate.
13.2. Customer shall, within the response period or remedy period set forth in The Seedbox Company’s notification (the “Remedy Period”), take remedial action to cure the violation and within the Remedy Period inform The Seedbox Company of the actions taken by Customer.
13.3. In some cases, The Seedbox Company may grant the Customer the option to contest the alleged violation by filing a counter notice (a “Counter Notice”). If Customer chooses to file a Counter Notice, Customer must use the online form made available to Customer for this purpose. The Seedbox Company shall review the submitted information and may (in The Seedbox Company’s sole discretion) decide to reject Customer’s Counter Notice, and require Customer to take immediate remedial action, if – in The Seedbox Company’s sole discretion – Customer’s or the End-User’s content or actions are unmistakably unlawful and/or may subject The Seedbox Company to third party claims and/or litigation.
13.4. If The Seedbox Company does not reject Customer’s Counter Notice, Customer shall – upon The Seedbox Company’s request – provide a deposit or a bank guarantee or a parent guarantee or other security satisfactory to The Seedbox Company. The amount of the security will be determined by The Seedbox Company at its sole discretion. The security is intended to cover Customer’s obligations, and any claim of The Seedbox Company, under the indemnity specified in the Sales Terms and Conditions. Furthermore, in the event that Customer files a Counter Notice, Customer shall within two (2) days of its response to The Seedbox Company notify The Seedbox Company whether an attorney will be representing Customer and, if so, which attorney.
13.5. Customer shall provide The Seedbox Company with all documents and information in connection with the Abuse Notification without cost and on first demand.
13.6. As a condition to the (continued) provision of Services and/or to resuming the provision of Services, The Seedbox Company shall be entitled to require Customer: (i) to execute a cease and desist declaration; and/or – as appropriate – (ii) to confirm in writing that Customer’s End User who was responsible for the violation, has been permanently excluded from using the Service.
14. REPEAT INFRINGERS AND LIVE VIDEO STREAMS
14.1. As part of its abuse handling procedure, Customer should make reasonable efforts to detect repeated efforts by its End Users to store or transfer or distribute – on or via Customer’s services – (i) materials or data that violate or infringe the Acceptable Use Policies; or (ii) that Customer previously deleted or disabled further to receipt of an Abuse Notification.
14.2. Customer shall immediately terminate the provision of service to an End User -and terminate an End User’s access to the Service- in the event that such End User is discovered to be a repeat infringer or violator of the The Seedbox Company Acceptable Use Policies.
14.3. In the event Customer’s services are repeatedly used for streaming of live video and/or audio, Customer shall offer an online tool to trusted third parties (or their agents) to allow them to immediately terminate live video streams that are infringing on the intellectual property rights of these trusted third parties.
CHAPTER D. FAIR USE POLICY
15. IP CONNECTIVITY
15.1. The IP Connectivity Service is provided for Customer’s consistent, fair, and reasonable use.
15.2. Customer’s use of IP Connectivity shall be deemed unfair and unreasonable, if The Seedbox Company determines (in its sole discretion) that Customer’s actual or projected use of IP Connectivity exceeds, or is likely to exceed, the monthly Committed Bandwidth or Committed Data Traffic, and such use affects the provision of services by The Seedbox Company to other The Seedbox Company customers. If the Customer has not agreed to Committed Bandwidth or Committed Data Traffic, then for the purpose of interpreting this clause 15.2 only, the Committed Bandwidth or Committed Data Traffic (as applicable) shall be deemed the lowest value of the Committed Bandwidth or Committed Data Traffic offered by The Seedbox Company for the respective Service.
15.3. Customer’s use of IP Connectivity is deemed to be inconsistent, if Customer’s use thereof results in irregular Bandwidth or Data Traffic usage patterns, either on a per server basis or as part of a group of Customer’s servers/Instances.
16. CLOUD SERVICES
16.1. Compute Capacity of the Cloud Platform for the Public Cloud Services is provided to Customer on a shared basis. To protect the performance and integrity of the Cloud Platform, Customer shall, in respect of Public Cloud Service, ensure that its use of Compute Capacity shall be fair and reasonable.
16.2. Customer’s use of Compute Capacity shall be deemed unfair and unreasonable by The Seedbox Company, if Customer’s use exceeds The Seedbox Company’s overbooking factor in such a way that (in The Seedbox Company’s reasonable opinion) it may affect the performance of other Infrastructure on the Cloud Platform.
16.3. Storage components of the Cloud Platform are provided to Customer on a shared storage system, and therefore Customer’s use of the Cloud Services may affect the performance (such as latency, storage bandwidth and IOPS) of the storage system as a whole. To protect the performance and integrity of the Cloud Platform, Customer shall ensure that its use of the storage shall be fair and reasonable.
17. SHARED WEB HOSTING SERVICE
17.1. The Seedbox Company’s Shared Web Hosting Platform is made available to Customer on a shared basis. To protect the performance and integrity of the The Seedbox Company Shared Web Hosting Platform, Customer shall ensure that its use of Shared Web Hosting Services shall be fair and reasonable.
17.2. Customer’s use of the Shared Web Hosting Services shall be deemed unfair and unreasonable, if:
a) Customer uses the Shared Web Hosting Services in such a way that (in The Seedbox Company’s reasonable opinion) it affects the performance of the Shared Web Hosting Platform or causes an Emergency;
b) IMAP exceeds 5 connections per IP address;
c) twenty-five percent (25%) or more of the system resources are used in connection with Shared Web Hosting Services for longer than ninety (90) seconds at a time. Activities that could cause this excessive use include, but are not limited to, CGI scripts, FTP, PHP, HTTP;
e) Customer runs any MySQL queries longer than twenty (20) seconds. MySQL tables should be indexed appropriately.
CHAPTER E. SECURITY POLICY
18. INFRASTRUCTURE CONFIGURATION
18.1. The Seedbox Company promotes a high level of responsible behavior in connection with the use of The Seedbox Company services and requires that users of The Seedbox Company Services do the same. For this reason, The Seedbox Company has established information security requirements for all The Seedbox Company Services, including standards for the basic configuration of Infrastructure, the use of Authentication Details and the use of effective Malicious Software detection and prevention.
18.2. Customer is advised (i) to back-up (critical) data and system configurations on a regular basis and store such data in a safe place, and (ii) not to connect its Infrastructure via a wireless connection, (iii) to keep the Software operated or used on the Infrastructure up to date, and accordingly to install updates and patches on a regular basis without undue delay after becoming available, (iv) to operate and/or use adequate measures against Malicious Software on the Infrastructure.
19. MONITORING / REPORTING
19.1. Customer shall implement logging and monitoring measures for security-related events.
19.2. Customer shall immediately report to The Seedbox Company’s NOC any security-related event that may materially impact The Seedbox Company’s Infrastructure, The Seedbox Company’s organisation or The Seedbox Company’s provision of services to other customers. Customer shall make the log in relation to such event immediately available to The Seedbox Company upon The Seedbox Company’s request, and shall follow any directions given by The Seedbox Company’s as may be required to contain or correct the event.
CHAPTER F. INVESTIGATION AND ENFORCEMENT POLICY
25.1. The Seedbox Company reserves the right to conduct an investigation, based on (i) suspected violations of the Policies; and/or (ii) (potential) security risks to its Infrastructure; and/or (iii) a valid request of the relevant (law enforcement) authorities.
25.2. As part of this investigation, The Seedbox Company may, acting reasonably (i) gather information from or about Customer; (ii) if relevant, gather information from a complaining party; and/or (iii) review and investigate Customer’s security log referenced in Clause 19. Customer is obliged to fully cooperate with any such investigations by The Seedbox Company.
26. The Seedbox Company ACTION
26.1. To the extent legally required, The Seedbox Company is authorised to grant relevant law enforcement authorities access to Customer’s content, information and/or Infrastructure, as well as any information gathered in the investigation conducted by The Seedbox Company under clause 25.1.
26.2. Upon request of a third party, The Seedbox Company shall be entitled to disclose identifying Customer information to said party in connection with a (suspected) breach of the The Seedbox Company Acceptable Use Policies to the extent required by law (such to be determined in The Seedbox Company’s discretion).
26.3. The Seedbox Company shall be entitled to take action, legal or otherwise, against Customer and/or and End User, in the event that the use of the Service by Customer or its End User(s), breaches the Policies, or Customer allegedly fails to comply with any obligation under the Policies. The appropriate action will be determined by The Seedbox Company, in its sole discretion, and may include: (a) suspension or termination of any or all of the Services in accordance with the Sales Terms and Conditions; (b) (selective) IP or port blocking; (c) reinstallation of the Services; (d) imposing limits on the use of Service (such as imposing limits on the speed of the data the Customer may transmit and/or receive with the Service); (e) restarting the Service, (f) blocking access at the router and/or switch level of Customer’s Infrastructure; (g) denying Customer (physical) access to Infrastructure; (h) providing binding instructions to Customer in regards of the use of the Services, and/or (i) placing files infected by Malicious Software in quarantine.
27.1. Without prejudice to the above or any other provision of the Policies, The Seedbox Company does not intend to review, monitor or control as a precautionary measure content sent or received by Customers using the Services. Accordingly, The Seedbox Company is not responsible or liable for the content of any communications that are transmitted by or made available to Customer or its End Users, regardless of whether they originated from the Network or the Services.
27.2. None of the provisions of this Chapter F or any of the other Chapters of the Policies shall in any way limit or prejudice any other rights or remedies The Seedbox Company may have.