This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into our Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. We may modify this AUP at any time without notice.
You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Republic of India & Commonwealth of Massachusetts, is prohibited. We reserve the right to terminate the Services for any Customer that exposes the Company to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services.
- No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
- Disclosing private sensitive personal information about others;
- Distributing malware or other malicious code;
- Engaging in the unlawful distribution of controlled substances and drug contraband;
- Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
- Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
- Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
- Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
- Hosting or linking to an anonymous proxy server;
- Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify us by completing the Report Abuse form, or emailing us at email@example.com;
- Money laundering;
- Phishing or engaging in identity theft; and
- Selling weapons or ammunition.
- No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:
- Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
- Attacking other networks (i.e. Denial of Service (DoS) attacks);
- Intercepting or monitoring data without permission;
- Running a file-sharing site;
- Running any software that interfaces with an IRC (Internet Relay Chat) network;
- Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose;
- Don’t Hamper System Performance – Consuming an excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.
- No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
- No Storage of Backups – Backing up personal data to a hosting account is prohibited. Our Services are designed to host your website, not serve as a data repository. We reserve the right to remove backups from your hosting account.
Zero Tolerance Spam Policy
- You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero-tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the Indian Laws.
- “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
- Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
Defamation and Objectionable Content
- We value the freedom of expression and encourage Users to be respectful with the content they post. As a web host, we are not a publisher of User content and generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to take down alleged defamatory or objectionable content. However, we reserve the right to disable or remove any content to prevent harm to others or to the Company, as determined in our sole discretion.
- If there is a violation of this AUP by a User of a Reseller, we will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.
- Direct customers.
- Your Services may be terminated with or without notice upon any violation of this AUP.
- If applicable, violations will be reported to the appropriate law enforcement agency.
- A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
- We reserve the right to enforce, or not enforce, this AUP in our sole discretion.
Fair Usage Policy: FUP
A Fair Usage Policy (FUP) is necessary to ensure our hosting services are used fairly and our services operate reliably for all our customers. Resources provided on our hosting services are governed by this Fair Usage Policy. We reserve the right to impose reasonable limits to reduce your usage or pair you with other users utilizing the same or nearly the same amount of usage if we believe your excessive usage is affecting Brainus Networks’s services/systems or other users.
The client whom, in our reasonable opinion that has breached this FUP will be contacted by EMAIL and asked to upgrade his/her plan to a new VPS/Dedicated Server plan to reduce their excessive usage utilisation. Brainus Networks may also suspend that client’s account prior to notifying if the action is needed to bring stability to our systems/servers. Client’s account suspension prior to notification by Brainus Networks is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. What is deemed inappropriate or excessive amount of resources will be determined by a number of factors including but not limited to our policies which include the following :
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
- RAM Consumption ≤ 128 MB
- CPU utilisation time ≤ 15 seconds.
- Number of open files ≤ 64.
- Create core dumps.
- Number of simultaneous processes ≤ 10.
- Execute a script/binary that forks in a way to create a fork bomb.
- Programs may not run in the background or listen on a network port. If you require a bot, service or daemon, you should consider a dedicated server, as very few shared web hosts allow this type of program.
- Simultaneous IIS/Apache connections may not exceed 50 from one individual source at any given time.
- Web processes should not fork or spawn subprocesses.
Files and Directories
iNode Limits on our Shared & Reseller Hosting
An iNode is a data structure used to keep information about a file on your hosting account. The number of iNodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.
There is currently a limit of 100,000 iNodes on our shared accounts.
What is the 100,000 iNode limit?
Shared and Reseller servers only allow 100,000 files per cPanel/website panel account. This is a “hard limit” meaning that while the limit is reached, i.e. the 100,000 file threshold it will no longer be included in our backups. Additionally, if the account happens to exceed 110,000 files then it will be in violation of our Terms of Service and can result in possible suspension.
The total number of iNodes in an account may not exceed 100,000. Every file (a webpage, image, email, PHP file, directory, etc.) on your account uses up one (1) iNode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will, of course, notify you if this is the case with a full explanation.
A directory cannot contain more than 3,000 immediate child files. This includes subdirectories themselves but does not include files contained within those directories.
Database Restrictions at Brainus Networks
- All users are restricted to 15 concurrent MySQL connections.
- Database queries should not exceed 3,500 per hour.
- Database changes (insert/update/delete) should not exceed 1,200 queries per hour.
- Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by Brainus Networks.
- Remote database access is for administrative purposes only.
- Our attachment limit is 10 MB, you are now allowed to send files in excess of 10 MB.
- The limit of outbound mail is set to 25 recipients to maintain the server performance. You are allowed to send maximum 300/mails/hour from your domain.
- POP connections are limited to 60 per hour.
- SMTP connections (outbound email connections) are limited to 300 per hour per server account.
- Mailing lists larger than 300 will require a semi-dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
- Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
- We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
- No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.
Reporting Violations of this AUP
If you feel you have discovered a violation of our AUP, please email us at firstname.lastname@example.org.