AUP

As a host provider, ByteDynasty offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ByteDynasty respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ByteDynasty reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ByteDynasty has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using ByteDynasty’s services. This AUP will be revised from time to time.

 

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that ByteDynasty cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ByteDynasty cannot monitor or censor the Internet, and will not attempt to do so, ByteDynasty cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

 

When subscribers disseminate information from the Internet, they must keep in mind that ByteDynasty does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ByteDynasty’s network and may reach a large number of people, including both subscribers and non-subscribers of ByteDynasty, subscribers’ postings to the Internet may affect other subscribers and may affect ByteDynasty goodwill, business, reputation or operations. For these reasons, subscribers violate ByteDynasty policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

 

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ByteDynasty, but also because it can overload ByteDynasty network and disrupt service to ByteDynasty’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ByteDynasty will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore ByteDynasty reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should ByteDynasty choose to pursue and prosecute. ByteDynasty can block SMTP Port for any of their services to avoid spamming from their network

Bulk Mail/Newsletter:

Bulk mailing or newsletters are not allowed on our VPS Network and SMTP Port is blocked by default on our network, though it can be opened upon request with a valid reason, like for sending out regular emails etc…

Adult-Oriented Content:
ByteDynasty does not allow adult content. 

VPN / Proxy:

Anyl VPN/Proxy services are not allowed on our VPS.

Obscene Speech or Materials:
Using ByteDynasty network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ByteDynasty is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

DDOS Protection:

If you are being attacked then our system may null route your IP till attack intensity goes down or we may ask for additional payment to cover the costs of bandwidth.

Defamatory or Abusive Language:
Using ByteDynasty network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

 

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

 

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

 

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

 

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

 

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

 

Usenet Groups:
ByteDynasty reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

P2P / Torrent / BitTorrent:

P2P or Torrent or BitTorrent are not allowed on our VPS Hosting services as they are ver resource intensive service/process.

VPS Resource Usage Policy:

Any usage by Customer that disrupts the overall performance of our server / VPS Nodes is not permitted. Customer agrees to operate within the ByteDynasty usage policy as under:

High CPU: Customer’s Service cannot burst to 95-100% usage for more than five (5) minutes and cannot average higher than 50% usage within any two (2) hour period.

High Load: Customer’s Service cannot have a 15-minute load average higher than the number of full logical cores assigned and cannot have a 1-day load average higher than 70% of the number of full logical CPU cores assigned.

High Disk I/O: Customer’s Service cannot average more than 80 IOPS within any two (2) hour period, cannot burst above 200MB/s disk write average for more than ten (10) minutes, cannot average more than 300 write operations per second for more than 1 hour, and cannot be above 20% average utilization within any six (6) hour period.

High Network Usage: Customer’s Service cannot have more than 30,000 conntrack sessions at any given time, and cannot use more than the allocated bandwidth. Customer understands that the network is shared and utilizing maximum network speed will not always be possible.

Non-dedicated port unmetered bandwidth plans (VPS and Dedicated Servers) are shared among by several customers. With such acceptable use of the shared unmetered port is limited to usage that does not cause problems or interfere with other clients. Expected usage is about 30-40% of the port capacity. Extreme usage may result in port rate limiting or traffic shaping.

Cryptocurrency or Mining:

Any process related to Cryptocurrency or mining not allowed on our VPS. You can run it on a Dedicated Server as long as it’s legal but not our VPS.

TOR RELAY/EXIT NODES:

TOR Relay or exit node or anything related to TOR is not allowed on our network.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

 

Other Activities:
Engaging in activities, whether lawful or unlawful, that ByteDynasty determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

 

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ByteDynasty will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ByteDynasty policy or applicable law. However, when ByteDynasty becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ByteDynasty.

 

ByteDynasty is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ByteDynasty facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ByteDynasty does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ByteDynasty reserves the right to directly take action against a customer of its subscribers. Also, ByteDynasty may take action against the ByteDynasty subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ByteDynasty anticipates that subscribers who offer Internet services will cooperate with ByteDynasty in any corrective or preventive action that ByteDynasty deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ByteDynasty policy.

 

ByteDynasty will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. ByteDynasty may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ByteDynasty may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ByteDynasty assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ByteDynasty may disclose subscriber information or information transmitted over its network where necessary to protect ByteDynasty and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ByteDynasty will never sell information to other services or outside companies.

 

ByteDynasty expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate ByteDynasty policy. Finally, ByteDynasty wishes to emphasize that, in signing the Service Agreement, subscribers indemnify ByteDynasty for any violation of the Service Agreement, law or ByteDynasty policy resulting in loss to ByteDynasty or the bringing of any claim against ByteDynasty by any third party. This means that, if ByteDynasty is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against ByteDynasty, plus costs and reasonable attorney’s fees.

 

We hope this AUP is helpful in clarifying the obligations of Internet users, including ByteDynasty and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@ByteDynasty.com.

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