This AUP governs the use of Fluid Depiction LLC DBA Virtual Wave services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Virtual Wave regarding the interpretation of this AUP, Virtual Wave’s interpretation, in its reasonable commercial judgment, shall govern.
If you have any questions regarding this AUP, contact Virtual Wave’s support department at [email protected]
Table of Contents
Vexation & Harassment
Bulk Commercial E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Newsgroup, Chat Forums, Other Networks
You may not publish or transmit via Virtual Wave’s service any content that Virtual Wave reasonably believes:
constitutes child pornography;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person’s trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Virtual Wave; or
is otherwise malicious, fraudulent, or may result in retaliation against Virtual Wave by offended viewers;
Vexation & Harassment
Virtual Wave does not tolerate any harassment, malice or abuse towards it’s employees or subsidiaries. Any form of harassment, cursing, threats, or ill will directed towards Virtual Wave staff or authorized agents shall not be tolerated.
The Customer agrees to conduct themselves in a professional manner regardless of the method of communication with Virtual Wave. Should the Customer be found in violation of this clause Virtual Wave reserves the right to suspend or terminate services with or without prior notice and without liability.
Virtual Wave Customers may not initiate the following practices. Virtual Wave reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability.
Virtual Wave reserves the right to determine what constitutes resource abuse and take the appropriate action.
a) Use 25% or more of system CPU resources for longer then 90 seconds. There are various processes and activities which can cause this; these include but are not limited to: Perl Scripts, CGI, PHP, Python, HTTP, etc.
c) Run any software that interfaces with an IRC (Internet Relay Chat) network.
d) Run any file sharing, bit torrent or other P2P network services, client or server software.
e) Run any gaming servers such as Battlefield 3, MineCraft, Counter-Strike, etc.
Virtual Wave does not allow, condone or authorize any forms of Network Abuse including but not limited to Denial of Service attacks, Phishing attempts, port scans, SYN Floods etc.
Virtual Wave reserves full right to determine what constitutes Network Abuse and take the appropriate action against the Customer with or without prior notification and without liability.
You may not engage in illegal, abusive, or irresponsible behavior, including but not limited to:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Virtual Wave and its customers) without express authorization of the owner of the system or network;
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
Any conduct that is likely to result in retaliation against the Virtual Wave network.
Use of Virtual Wave’s network in a way that unreasonably interferes with Virtual Wave’s other customers use of the network.
Virtual Wave assigns IP addresses to clients based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. Virtual Wave reserves the right to request verification at any time for assigned IP addresses at which time under Virtual Wave’s discretion IP assignments may be revoked.
Virtual Wave does not accept material such as:
Proxy, VPN, Torrents, Tor, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites or services.
Content “published or transmitted” via Virtual Wave’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by Virtual Wave.
* Virtual Wave can terminate service for any of the above reasons and it’s at Virtual Wave’s sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
Any kind of bulk emailing is strictly prohibited with shared or reseller hosting. With VPS, Hybrid or Dedicated hosting you must obtain Virtual Wave’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Virtual Wave’s reasonable satisfaction:
All Bulk Emailing must be limited to send no more than 60 emails per minute.
Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Virtual Wave’s requests to produce consent evidence within 72 hours of receipt of the request.
You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Virtual Wave service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Virtual Wave service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Virtual Wave may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Virtual Wave’s services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
you are otherwise permitted by established United States copyright law to copy the work in that manner.
Virtual Wave will terminate the service of Customers with repeated copyright infringements.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Virtual Wave to locate the material;
Information reasonably sufficient to permit Virtual Wave to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums
Virtual Wave standard policy is to contact The Customer during which a violation of the AUP or TOS has occurred, however, Virtual Wave does reserve the right to suspend or terminate an account with or without notice at it’s own discretion. The Customer agrees to maintain up to date primary contact email information with Virtual Wave. The violation shall be listed in the Subject of the email sent from our abuse department ([email protected]). The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to The Customer, Virtual Wave will consider that The Customer has been notified. Virtual Wave reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken.
For example: A violation containing a “Phishing” site is lodged against the customer, the offending files will be immediately disabled and the customer will be given 24 hours to clean and secure the site. If after 24 hours The Customer has not replied confirming they have taken action, further action may be taken such as suspending the individual site and/or suspending the entire VPS or Dedicated Server.
For example: A violation resulting in a “Spam” complaint. We shall investigate the complaint to determine how the spam is being sent. We shall provide a best effort analysis to locate the source of the spam. If for example it is being sent from a script, we shall attempt to disable that script and notify The Customer. If it is being sent from an individual account, if possible, we will attempt to disable password access to that account. We shall then notify the customer giving them 24 hours to investigate the complaint and provide a resolution to the abuse complaint. Should we be unable to isolate and/or disable the source of the “Spam” we may place a SMTP filter against The Customer’s service to prevent additional emails from being sent out until at which time a resolution to the issue is made. If after 24 hours no response has been received from the customer, additional steps may be taken to ensure the “Spam” has been stopped such as system wide SMTP filters, suspension of individual sites, disabling password access to certain accounts, disabling of scripts or as a final step suspension of all services.
For example: A violation resulting from “Resource Abuse”. We shall investigate the resource abuse and provide the Customer with a best effort analysis of the problem causing the resource abuse. At which time the Customer will be given a time frame to make the corrections to their code, scripts, mysql queries or software services running. If the issue is not corrected within the time frame given, Virtual Wave will then take further steps to ensure the stability of the network and servers and may take actions including but not limited to disabling plugins, themes, accounts, scripts, services and in reserves the right to issue a full service suspension depending on the severity of the issue based upon Virtual Wave’s judgment of the scenario.
None of the above examples are meant to be specific guidelines with regards to how each and every case may be handled. Virtual Wave reserves full rights to use it’s judgment and discretion in how each individual case is handled.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Virtual Wave network.
Virtual Wave is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Virtual Wave network.
Inquiries regarding this policy should be directed to Legal dept at [email protected]