This Acceptable Use Policy ("AUP") governs Your use of all Services provided by XFLAREHOSTING LLC ("Company," "We," "Us," or "Our"). This AUP is an integral part of the XFLAREHOSTING LLC Terms of Service ("ToS") available at https://xflarehosting.com/legal/terms and is incorporated therein by reference. By using the Services, You agree to comply strictly with this AUP.
Violation of this AUP constitutes a material breach of the ToS and may result in the immediate suspension or termination of Your Services, potentially without prior notice or refund.
Capitalized terms used in this AUP that are not defined herein have the meanings given to them in the ToS.
1. Introduction
The purpose of this AUP is to ensure the security, stability, and integrity of Our network and Services, protect Our customers and the internet community from illegal, irresponsible, or disruptive activities, and comply with applicable laws. This AUP outlines unacceptable uses of the Services.
2. Prohibited Uses
You agree not to use, nor allow third parties to use, the Services to engage in, foster, or promote activities that are illegal, harmful, fraudulent, infringing, or offensive, or that interfere with the use of the Services by others or the operation of Our network. Prohibited uses include, but are not limited to, the following:
2.1 Illegal, Harmful, or Fraudulent Activities
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law or regulation.
- Transmitting, distributing, or storing material that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Engaging in activities that are harmful to minors in any way, including hosting, distributing, or linking to child pornography or content that exploits children.
- Promoting or facilitating illegal gambling, violence, terrorism, or other criminal activities.
- Engaging in phishing, pharming, identity theft, or any activity designed to steal personal or financial information.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity.
2.2 Intellectual Property Infringement
- Using the Services to transmit, distribute, or store any material that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party. This includes hosting or distributing unauthorized copies of software, music, movies, books, or other copyrighted works (See Our DMCA Policy at https://xflarehosting.com/legal/dmca).
2.3 Spamming and Unsolicited Communications
- Sending, transmitting, or facilitating the sending of unsolicited bulk email ("spam") or other unsolicited commercial communications.
- Hosting websites, services, or content advertised via spam sent from other networks.
- Operating open SMTP relays, open proxy servers, or any other system that could be exploited for spamming or abusive purposes.
- Using purchased, rented, or harvested email lists. All mailing lists must be verifiably permission-based (confirmed opt-in).
- Falsifying email header information or attempting to hide the origin of communications.
- Violating the CAN-SPAM Act or other applicable anti-spam laws and regulations.
2.4 System and Network Security Violations
- Attempting to gain unauthorized access to, or probe, scan, or test the vulnerability of, any account, system, network, or data ("hacking").
- Breaching or circumventing security or authentication measures.
- Distributing, hosting, or facilitating the distribution of viruses, malware, worms, Trojan horses, ransomware, spyware, adware, keyloggers, or other harmful or destructive code.
- Interfering with service to any user, host, or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks.
- Engaging in denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks, or hosting services that are frequent targets of such attacks without adequate mitigation.
- Forging TCP/IP packet headers or any part of the header information in any email or network posting.
- Monitoring data or traffic on any network or system without authorization.
2.5 Resource Abuse
- Consuming excessive network or server resources (CPU, RAM, Disk I/O, Bandwidth, Inodes, Processes, etc.) in a way that disrupts the normal operation of the Services, degrades performance for other users, or violates the specific limits of Your service plan. Examples include, but are not limited to:
- Running server processes that consume disproportionate resources (e.g., poorly optimized scripts, runaway processes).
- Operating public file-sharing, torrent trackers/clients, or peer-to-peer services that cause excessive load or traffic.
- Operating continuously running bots or web crawlers that excessively scrape resources without adhering to robots.txt or rate limits.
- Hosting large file archives or repositories primarily for download distribution without adequate resource provisioning or causing network strain.
2.6 Specific Content and Usage Restrictions
- Cryptocurrency Mining: Operating cryptocurrency mining software is strictly prohibited on all Shared Hosting plans provided by XFLAREHOSTING LLC. Mining may be permitted on certain VPS or Dedicated Server plans only if it complies fully with all other terms of this AUP (including resource abuse and network security) and all applicable laws, and only after obtaining explicit prior approval by contacting Us via https://xflarehosting.com/support. Unauthorized mining on any platform will result in immediate suspension or termination.
- Adult Content: Hosting or distributing pornography or sexually explicit content is strictly prohibited on all Shared Hosting plans. Such content may be permitted on certain VPS or Dedicated Server plans only if the content is fully legal in the State of New Jersey and the United States, is not harmful to minors, does not otherwise violate this AUP, and only after obtaining explicit prior approval by contacting Us via https://xflarehosting.com/support. We reserve the right to deny approval or require removal of any adult content at Our discretion.
- Proxy/VPN/Tor Nodes: Operating public proxy servers, public VPN services, or Tor exit nodes is strictly prohibited on all Shared Hosting plans. Such use may be permitted on certain VPS or Dedicated Server plans only if it complies fully with all other terms of this AUP, does not facilitate illegal activity or network abuse, and only after obtaining explicit prior approval by contacting Us via https://xflarehosting.com/support. We reserve the right to deny approval or require shutdown of such services if abuse is detected or suspected.
- Game Servers: Game servers must comply with the End User License Agreement (EULA) of the respective game. Hosting servers for illegal, cracked, or unauthorized versions of games is prohibited. Engaging in or facilitating cheating, griefing, network disruption, or exploiting game vulnerabilities via hosted servers is prohibited.
2.7 Other Prohibited Activities
- Any other activity that We reasonably believe interferes with Our ability to provide Services, harms Our reputation, violates the rights of third parties, or is otherwise objectionable.
- Using the Services in a way that violates applicable export control laws and regulations.
3. Enforcement and Violations
We reserve the right, but do not assume the obligation, to investigate any suspected violation of this AUP. We may utilize various methods to detect violations, including monitoring resource usage and responding to third-party complaints.
When We become aware of a potential violation, We may, in Our sole discretion, take any corrective action We deem appropriate, including, but not limited to:
- Issuing a warning.
- Requiring You to remove or modify prohibited content or cease prohibited activity.
- Throttling resource usage.
- Suspending Your Services, temporarily or indefinitely, with or without prior notice.
- Terminating Your Services, with or without prior notice or refund.
- Charging You for costs incurred in investigating or remediating the violation (e.g., cleanup costs, bandwidth overages).
- Reporting the violation and relevant information to law enforcement, regulatory authorities, or affected third parties.
- Taking legal action.
Our failure to enforce this AUP in every instance does not constitute a waiver of Our right to do so. We are not responsible for any Customer Content or third-party activities, but We reserve the right to intervene to protect Our Services and network.
4. Reporting Violations
If You become aware of any violation of this AUP by anyone using Our Services, please report it immediately to Us by emailing [email protected]. Please provide as much detail as possible, including the nature of the violation, relevant data (e.g., IP addresses, URLs, logs, timestamps), and Your contact information. We will investigate reports and take appropriate action, maintaining confidentiality where possible.
5. Modifications
We reserve the right to modify this AUP at any time. We will indicate changes by updating the "Last Updated" date at the top of this document and posting the revised version on Our website at https://xflarehosting.com/legal/aup. Your continued use of the Services after changes become effective constitutes Your acceptance of the revised AUP. Please review this AUP periodically.