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Use of the HOSTKEY’s systems and services is subject to the below Terms of Service (hereinafter — ToS) provisions. The use of the Service by Customer, therefore, constitutes acceptance of the ToS NL.
ToS are governed and interpreted in accordance with the laws and regulations of the country the servers are located at. All possible arising disputes shall be resolved in accordance with the procedure established by the current legislation of the corresponding country.
Dutch Constitution respects freedom of speech. Consequently, we do not censor our Customers on the basis of content. It is Customer's obligation to ensure the accuracy, integrity, title or ownership and security of anything Customer posts/receives via Internet. The Customer is fully responsible for the content hosted on our servers or network.
Customer agrees to defend, indemnify, and hold harmless HOSTKEY, its employees, contractors, agents, affiliated companies, and suppliers from all liabilities, claims, and expenses, including attorneys' fees, which might arise from misuse of the Services by the Customer.
Every action that is performed through Customer’s Services is deemed to occur at Customer’s risk, liability, and obligations. If there is a suspicion of abuse, the Customer shall report it to HOSTKEY as soon as possible.
Customer shall not use the Services for actions that violate the laws and regulations of the country the servers are located at. The Customer is prohibited from posting or transmitting any unlawful material on or via the Internet.
The following violations are considered a breach of HOSTKEY’s Terms and conditions, ToS and will result in suspension or cancellation of the Services and any fees paid in advance of such suspension or cancellation are non-refundable.
The amount of abuse notifications can not exceed 3 per month. Client can register with us as a reseller, in which case the limit will be higher on the condition that we have a Telegram contact for a rapid reaction.
Clients can also use their own subnets and Internet connection, so that abuse notifications will be sent directly to them.
This includes, but is not limited to:
Terrorism or related activities, exhortations for mass riots, the implementation of extremist activities, participation in mass (public) events, conducted in violation of the established order, and the assistance or encouragement thereof.
Distribution of materials containing child pornography, and/or ads on the involvement of children, as performers in pornographic entertainment events, and information about children affected by crime.
Storage or distribution of materials in violation of applicable intellectual property rights; such materials include (but are not limited to) torrent files, magnet links, hash codes, and the like.
Distribution of materials on how to commit suicide, as well as exhortations for suicide.
The intentional infringement of a third party’s trademark.
The operation or control of botnets, viruses, Trojan horses or the like.
Transmission of unsolicited commercial electronic messages (“spam”).
Storage or distribution of content related to pyramid schemes, Ponzi schemes or multi-level marketing systems.
Failure to adhere to reasonable security standards and best practices, including (but not limited to) using outdated software and permitting insecure passwords.
Initiation or toleration of processes that can be reasonably assumed to be a nuisance to the general public and/or to have a detrimental effect on the systems used for hosting the Service, including without limitation the execution of denial-of-service attacks, port scanning or automated password cracking, or the mass sending of email.
Operation of any public file/images/video sharing service.
Posting of personal data without the permission of the owner.
Using the virtual and/or physical service as a public (commercial) proxy/VPN without HOSTKEY consent.
When using a Service, a Customer shall comply with the following technical requirements:
Any header modification is forbidden.
Sending traffic from IPs not assigned by HOSTKEY is forbidden.
Using any IP addresses other than those assigned to external interfaces is forbidden.
The maximum allowed PPS (Packets per Second) from a dedicated server is 20.000, from a VM (Virtual Machine) is 5000.
Any unauthorized modification of the VLAN switching matrix via Ethernet control frames is strictly prohibited, including the transmission of BPDU (Bridge Protocol Data Unit) packets toward HOSTKEY’s infrastructure.
Live streaming and setting up of VPN servers is prohibited without securing HOSTKEY’s approval first.
Any server cannot use more than 70% of the allocated bandwidth for more than 3 hours a day
Active DHCP services on external Ethernet interfaces are forbidden.
Multicast on external interfaces is forbidden.
Port scanning is forbidden.
The amount of MAC addresses cannot exceed the amount of assigned IPs.
IP spoofing as well as any other falsification of identification data used in network protocols, when transferring data to the Internet, is forbidden.
Customers are strictly not permitted to overclock the GPU, change the memory or frequency settings, or modify the BIOS in any manner.
Customers are forbidden to change IPMI/BIOS settings.
Customers are not allowed to set a password for BIOS or BIOS booting.
Manual restoration works on rectifying issues caused by breaching points l-n are charged at the rate of Eur 100 per hour in 15-minute intervals. Such works are performed as soon as possible during business hours (CET / CEST).
Any downtime that occurred as a result of violating points l-n will not be compensated
The use of proxy-ARP is prohibited on the company network
When using a VPS, a Customer shall comply with the following technical requirements:
Processes should not use 70% of the CPU core for more than 30 minutes in succession.
Mining, transcoding and other similar CPU overloading processes and applications are not allowed in a public cloud. We do not offer technical assistance with issues resulting from such use of our services.
VM should not work under the conditions of low memory and constantly use host swap cache.
The maximum number of simultaneous processes for a container is 100.
The number of disk operations should not exceed 1000 IOPS (Input/Output Operations per Second) over a period of 30 minutes.
Disk I/O load cannot be more than 1.4 Mb over 30 seconds in 5 minutes.
For security reasons, all VPS have outgoing TCP ports (25, 387, 465) and UDP port (5060) blocked by default. It is possible to have them opened by submitting a request to our support team.
The BYOIP service is available for verified clients and can only be used with dedicated servers. HOSTKEY reserves the right to stop the announcement without prior notice in case of violation of its Terms of Service. If the Customer's subnet is getting blocked in Spamhaus or other blocklists, Hostkey may stop announcing it at its discretion without prior notice. Subnets listed in Spamhaus or other black lists are not eligible for BYOIP services. We will be unable to announce it.
VPS deployment is an automated process. Assigned IPs are not subject to replacement.
Using Microsoft Windows without properly renting SPLA licenses from Hostkey on VPS is strictly prohibited. Discovery of running illegal Windows instances will lead to immediate server suspension without prior warning.
Using Microsoft Windows on bare-metal servers requires a proper license rented. If the Customer claims to use his own licenses, he should provide proof of license authenticity and authorization from Microsoft (own SPLA contact, etc.). He should also declare in writing that the Customer takes full responsibility for a proper server's software licensing and guarantees all related expenses reimbursement if there will be any regarding license issues.
The discovery of running Microsoft Windows on Hostkey's IP addresses without properly obtaining Hostkey's SPLA license will lead to the abovementioned request for proof of the customer's license authenticity. Failure to provide this proof or obtain proper licenses within three business days will lead to service suspension for AUP violation.
Mining on VPS infrastructure is prohibited. The VPS with mining activity will be suspended on sight without a refund/compensation.
It is prohibited to use redundancy protocols such as VRRP/HSRP in shared VLANs, as well as clustering mechanisms or to perform virtual machine migration.
The customer is required to provide HOSTKEY with accurate information during the course of the Services and when corresponding with HOSTKEY. It is Customer’s obligation to maintain and enforce these provisions, to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses. HOSTKEY bears no responsibility or liability for interruption of Service, or damages of any sort, based on communications that was misdirected as a result of Customer's failure to provide HOSTKEY with updated contact information.
In the event HOSTKEY deems that there are possible infringements, damages or other dangers to the operation of its systems or network or third parties and/or Services provided via the Internet, in particular, the leakage of personal data or virus activity, Trojans and similar software, the HOSTKEY will immediately notify the Customer about such incident by email or other means of communication. HOSTKEY does its outmost to prevent such dangers or their materialization. HOSTKEY makes every effort to ensure that any temporary implemented measures will not have a detrimental impact and/or will not change the provision of the Services.
In connection to the use of the Services, a Customer shall adopt and apply an abuse handling procedure, which is compliant with the HOSTKEY’s complaint procedure, with the law that applies to the Terms and Condition and with the laws and regulations of the country the servers are located at. HOSTKEY, in its sole discretion, will determine what action shall be taken in response to a violation of this ToS on a case-by-case basis. Any services takedown notice that is not processed via HOSTKEY’s compliance procedure will be discarded.
ToS is governed and interpreted in accordance with the laws and regulations of the country the servers are located at. All possible disputes arising from the relations governed by ToS shall be resolved in accordance with the procedure established by the current legislation of the country the servers are located at, according to the norms of the country the servers are located at на according to the local norms.
ToS is not exhaustive. HOSTKEY reserves the right to modify the TOS at any time. Such modifications shall become immediately effective upon posting of the modified the ToS and will be communicated electronically to Customer. The continued use of the Services after a modification has been communicated constitutes Customer’s acceptance of the ToS.
HOSTKEY reserves all rights not expressly granted herein.
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