This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated
by reference into GigaCloud Hosting, LLC Terms of Service. Unless
otherwise stated, defined terms in this AUP have the meanings provided in the
Terms of Service. GigaCloud Hosting, LLC may modify this AUP at any time
The Services provided by GigaCloud Hosting, LLC may only be used for lawful purposes.
You agree to comply with all applicable laws, rules and regulations in connection with
your use of the Services. GigaCloud Hosting, LLC reserves the right to
refuse service to anyone. Any material that in our judgment violates this AUP
in any manner may be removed from our servers (or otherwise disabled), with or
Failure to respond to an email from our abuse
department within the specified time period in our email to you may result in
the suspension or termination of the Services.
A. Prohibited Uses
a. Infringement of Intellectual Property Rights.
Use of the Services to
infringe upon another party’s intellectual property rights is prohibited. This
includes, but is not limited to, the unauthorized copying or distribution of
movies, music, books, photographs, software/warez, or any other copyrighted
work. Selling or offering to sell any counterfeit merchandise will result in
the immediate termination of your account. Any account found to be infringing
on the intellectual property rights of others will be expeditiously removed or
access to the material will be disabled. Any account found to be in repeated
violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon,
please contact us.
For copyright infringement claims, GigaCloud Hosting, LLC follows the Digital
Millennium Copyright Act (“DMCA”) notice and takedown procedures.
b. Using a shared account as a backup/storage
You may not use a shared hosting account as a
backup/storage device with the exception of one cPanel backup of the same
account. Please do not take backups of your backups.
B. Unacceptable Material
a. Unacceptable material on our servers include
§ IRC Scripts/Bots
§ IRCD (irc servers)
§ Proxy Scripts/Anonymizers
§ Image Hosting Scripts (similar to Photobucket
§ AutoSurf/PTC/PTS/PPC sites
§ IP Scanners
§ Bruteforce Programs/Scripts/Applications
§ Mail Bombers/Spam Scripts
§ Banner-Ad services (commercial banner ad
§ File Dump/Mirror Scripts (similar to
§ Commercial Audio Streaming (more than one or
§ Escrow/Bank Debentures
§ High-Yield Interest Programs (HYIP) or Related
§ Investment Sites (FOREX, E-Gold Exchange,
Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
§ Sale or distribution of any controlled
substance without prior proof of appropriate permit(s)
§ Prime Banks Programs
§ Lottery/Gambling Sites
§ Hacker focused sites/archives/programs
§ Sites promoting illegal activities
§ Forums and/or websites that distribute or link
to warez/pirated/illegal content
§ Bank Debentures/Bank Debenture Trading
§ Fraudulent Sites (Including, but not limited
to sites listed at aa419.org & escrow-fraud.com)
§ Mailer Pro
§ Push button mail scripts
§ Broadcast or Streaming of Live Sporting Events
(UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
§ Tell A Friend Scripts
§ Anonymous or Bulk SMS Gateways
§ Bitcoin Miners
§ PayDay Loan Sites (including any site related
to PayDay loans, PayDay loan affiliate progams, etc)
b. Child Pornography Prohibited.
Content that is potentially harmful to minors,
as determined in GigaCloud Hosting LLC sole discretion, is strictly
forbidden, including but not limited to, child pornography or content perceived
to be child pornography. Any website found to host child pornography or linking
to child pornography will be suspended immediately without notice.
c. Other Prohibited Content.
We reserve the right to refuse service to
anyone. Any material that, in our judgment, is obscene, threatening, illegal,
or violates our Terms of Service or this AUP in any manner may be removed from
our servers (or otherwise disabled), with or without notice.
C. Unacceptable Resource Usage
a. You may not:
percent (25%) or more of our system resources for longer than ninety (90)
seconds at a time. Activities that could cause this excessive use, include but
are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
unattended server-side processes at any point in time on the server. This
includes any and all daemons, such as IRCD.
Run any type of web
spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that
interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent
application, tracker, or client. You may link to legal torrents off-site, but
may not host or store them on our shared servers.
Participate in any
Run any gaming servers
such as counter-strike, half-life, battlefield1942, etc.
Run cron entries with
intervals of less than fifteen (15) minutes.
Run any MySQL queries
longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
Include the URL when
using PHP include functions for including a local file. Instead of including
‘http://yourdomain.com/include.php’, use ‘include.php’ or
Force html to handle
server-side code (like php and shtml) to help reduce usage.
The use of more than two hundred and fifty
thousand (250,000) inodes on any shared or reseller account may result in a
warning, and if no action is taken to reduce the excessive use of inodes, your
account may be suspended. If an account exceeds one hundred thousand (100,000)
inodes it will be automatically removed from our backup system to avoid
over-usage, however, databases will still be backed up as a courtesy in our
sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your
account uses up one (1) inode.
User accounts that constantly create and
delete large numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes is typically due to Users leaving their
catchall address enabled, but never checking their primary account mailbox.
Over time, tens of thousands of messages (or more) build up, eventually pushing
the account past an acceptable amount of inodes. To disable your default
mailbox, login to cPanel and choose “Mail”, then “Default
Address”, “Set Default Address”, and then type in: “:fail:
No such user here”.
D. Zero Tolerance Spam Policy
a. We take a zero tolerance stance against the
sending of unsolicited e-mail, bulk emailing, and spam. “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. Please
read https://gigacloudhosting.com/email-policy for our generalized mail policy.
b. Websites advertised via spam (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 be hosted on
our servers. Any User account which results in our IP space being blacklisted
will be immediately suspended and/or terminated.
c. GigaCloud Hosting, LLC reserves the right
to require changes or disable as necessary, any website, account, database, or
other component that does not comply with our policies, or to make any such
modifications in an emergency that we deem necessary at our sole discretion.
d. GigaCloud Hosting, LLC reserves the right
to charge the holder of the account used to send any unsolicited e-mail a
cleanup fee or any charges incurred for blacklist removal at our sole
E. Defamation Policy
Websites hosted on GigaCloud Hosting, LLC servers
in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c)
of the Communications Decency Act, GigaCloud Hosting, LLC’s policy is not
to remove allegedly defamatory material from websites hosted on our servers
unless the material has been found to be defamatory by a court, as evidenced by
a court order. As a webhost, GigaCloud Hosting, LLC is not a publisher of
User content and we are not in a position to investigate the veracity of
individual defamation claims. We rely on the legal system and the courts to
determine whether or not material is indeed defamatory. In any case in which a
court order indicates that material is defamatory, libelous, or slanderous in
nature, we will disable access to the material. Similarly, in any case in which
a U.S. court has placed an injunction against specified content or material
being made available, we will comply and remove or disable access to the
material in question.
F. AUP Violations
If there is a violation of this AUP by one of
a reseller’s client’s account, GigaCloud Hosting, LLC will suspend the
website in question and will notify the reseller so that the reseller can
terminate the account. GigaCloud Hosting, LLC may, but is not obligated
to, monitor the account or website for any subsequent violations. The
occurrence of additional violations may result in the immediate termination of
your reseller account.
b. 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.
c. A failure to respond to an email from our
abuse department within forty-eight (48) hours, or as otherwise specified in
the email, may result in the suspension or termination of your Services. All
abuse issues must be dealt with via trouble ticket/email and will receive a
response within forty-eight (48) hours.
d. If you feel you have discovered a violation of
our AUP please report it here.