SilverCloud Hosting Terms of Service & Acceptable Use Policy

Terms Of Service (TOS) And Usage (please scroll down for AUP)

The terms prescribed in this document form a legally binding agreement between SilverCloud Hosting and any consumers of the services provided by SilverCloud hosting.  As much as possible, these terms are laid out clearly, in plain English, and as briefly as possible.  Every customer and potential customer is strongly urged to read and understand this document in its entirety, asking clarifying questions where necessary.  All customers will be held to these terms, regardless of any failure to read or understand them.  However, please know that, in most cases, we make every effort to satisfy the needs and desires of our customers and deal fairly with everyone.  Unfortunately, in today's legally vicarious online world, we have to make policy against content and user activity that places us under unnecessary duress and/or culpability.

Any violation of any of the rules set out below can result in immediate termination of your account, even without notice when necessary.

References:  When used in this document, the words "you," "customer," and "your" refer to the person purchasing and paying for the product or serve, or anyone acting on their behalf.  Conversely, the words "us," "our," and "we" refer to SilverCloud Hosting and/or parties acting in the interest of SilverCloud Hosting.

By using any portion of SilverCloud Hosting's services, without exception, you agree to be bound by the terms and conditions set forth in this document.  SilverCloud Hosting reserves the right to modify this policy at any time, with or without notice, effective immediately upon posting of the modification to this URL (http://www.silvercloudhosting.com/services/terms_of_service.html).  Thus, you are encouraged to monitor it for updates and check back frequently.

1.  Domain Name Registration, SSL Certificates, and other Products or Services

1.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has (or they have) been registered.  Any action taken by you before such notification is at your risk.

1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them.  You shall have no right to bring any claim against us with respect to refusal to register a domain name.

1.3. We shall have no liability in regards to the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such a dispute.  If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend, or cancel the domain name.  We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

1.4. We shall not release any domain to another provider unless full payment for that domain has been received by us.

1.5. SilverCloud Hosting reserves the right to revoke or refuse an SSL certificate with or without prior notice.

1.6. SilverCloud Hosting reserves the right to increase or decrease our SSL prices at anytime with or without prior notice

1.7. SilverCloud Hosting reserves the right to provide the customer with another equivalent SSL certificate should the advertised certificate not be available.

1.8. SilverCloud Hosting provides no warranties or guarantees on the nature and functionality of the certificates; however, the issuers of SSL certificates themselves often offer warranties, which SilverCloud Hosting has no part in.

1.9. SilverCloud Hosting does not provide technical support for SSL certificates, apart from installing them for you on sites hosted under your account with us.

2. Personal or Business Web Hosting Accounts--Use of Services

2.1. Customers may not resell space in their accounts.  Personal and Business accounts are to be used by the primary owner only--account holders are not permitted to resell, store, or give away Web hosting services to other parties.  This prohibits allowing a separate, third party to host content on the owner's Web site or store files on our servers.  This restriction also applies to email services, cgi scripts, mySql services, and, in general, any service that requires the use of SilverCloud Hosting resources.  Exceptions to this include ad banners, classified ads, and personal ads.

2.2. Should a customer wish to host materials for any parties that are not under the direct control of the customer, arrangements should be made in advance by submitting a ticket to SilverCloud Hosting's staff.  Failure to comply with this is grounds for immediate suspension of the offending account until the issue is resolved, or even permanent termination, at SilverCloud Hosting's sole discretion.

2.3. Excessive usage of SilverCloud Hosting CPU time, Bandwidth, or Disk Space, memory, or other system resources beyond the allowances of your specific plan, and/or to the degree that your usage compromises the hosting accounts of our other customers, is also grounds for account suspension or termination, at the discretion of SilverCloud Hosting.  Note that it is generally our practice to make attempts to notify you of any problems and allow sufficient time for you to resolve any issues before taking adverse action against your account, but we are not obligated to do so.

2.4. Excessive resource usage--cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by SilverCloud Hosting at will] will be reprioritized if possible, or we will ask you to discontinue its use, either permanently or until the script is altered by yourself or third party to operate in a less resource-intensive manner.  Failure to cease operation of the offending executable will be considered to be server abuse.  SilverCloud Hosting reserves the right to terminate any process that is deemed to be using excessive resources.

2.5. Background processes--background processes [that is, applications or utilities that are started from within an interactive shell login and/or set to run permanently in the background on a server] are not to be initiated without prior arrangement with us. Generally, we accept background processes, so long as they do not openly break one of our other policies; we do, however, reserve the right to examine all code before it runs on our hardware, and we reserve the right to deny any request for background processes for any reason.  Running of background processes without prior arrangement and confirmation in writing will be considered to be server abuse.

2.6. Compiling--User rights to access compiler software is available upon request and arrangement.  Once again, we choose to examine any code that is compiled and executed from our hardware.  If you need access to the CP compiler, please contact us describing your need for access.  Compiling without prior arrangement and written confirmation will be considered to be server abuse.

3. Prohibited/Regulated Activities and Content

The following items describe activities and content that is prohibited or regulated by SilverCloud Hosting in some way.  By no means does this constitute a complete list, and we reserve the right to determine and enforce further restrictions, at our sole discretion and at any time,

3.1. Safelists

SilverCloud Hosting does not allow safelists to be run on our servers.  These types of sites use a great deal of resources and will not be tolerated.

3.2. Mailing Lists

SilverCloud Hosting has allocated tools to ensure proper delivery of opt-in, opt-out mailing lists and normal email.  It is important that you use these tools accordingly.  All full business hosting packages include access to the pre-installed Mailman Mailing List Software.  Large mailing lists--those exceeding 500 subscribers--sent using the SilverCloud Hosting Services must be sent using the mailing list tools that have been pre-installed for this purpose.  If your mailing list exceeds 1,500 addresses, you should contact SilverCloud Hosting requesting permission to send the mailing through the SilverCloud Hosting servers prior to sending any messages.  Sending a large mailing through mailing list software other than SilverCloud Hosting's pre-installed software can adversely affect the flow of email.  Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks suspension or termination.  Note that mailing lists are not permitted in any form for clients using our personal hosting plans--only business hosting clients have mailing list privileges, as described above.

3.2.1. Mailing lists operated on SilverCloud Hosting's servers must be double opt-in, with specific and clear opt-out instructions included with every mailing.

3.3. Adult Content

SilverCloud Hosting does not allow adult content in any form to be stored on or linked-to from our servers.  This includes pornography or sexually-oriented material of any kind.  Additionally, sites that portray violence against any race or gender will not be allowed.  Feel free to contact us with your site's URL if you are unsure whether or not your site violates this policy.  We reserve the right to refuse or cancel service to any sites of this nature.

3.4. Illegal Content and Non Acceptable Sites

The storage and/or transmission (inbound or outbound) of any file or data that violates copyright or other laws is grounds for instant termination of service.  This expressly includes:

--Copyrighted Software ["warez"]

--Copyrighted Media [MP3 files of commercial recordings, etc]

--Proprietary Computer information [e.g. stolen password files]

--Hacking and Cracking Sites

3.5. Warez Sites/Hacking Cracking Sites:

Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another.  SilverCloud Hosting has a zero-tolerance policy on all Warez Sites.  Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution.  In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.

3.6 Abuse of Services

Any incident of server abuse is grounds for immediate and unconditional account termination.  Common examples of abusive practices are listed below, and SilverCloud Hosting reserves the right of interpretation as to what constitutes abusive practices.  In short, if you are unsure if your actions may be perceived as an abuse of service, contact SilverCloud Hosting directly to check with us before proceeding.

3.6.1. Ignorance of the consequences of your actions will neither protect nor excuse you from liability.

3.6.2. In extreme (as defined by SilverCloud Hosting) cases, SilverCloud Hosting may financially penalize the account holder for any abuse or violation of this agreement.  The amount is dependant upon the damage done and the time taken to clean up the damage.  The customer agrees to pay all financial penalties in full within 30 days.

3.6.3. Examples of abuse include, but are no limited to:

3.6.3.1. Email abuse--Unsolicited Commercial Email ["Spam"] is forbidden.  Spam costs us time and money, and using our resources in this way will be treated as server abuse and illegal theft of service.  In many states, sending spam to people without their permission is a crime punishable by law.

3.6.3.2. Trafficking of illegal content--In the same way that storing illegal content on your account is banned, the utilization of your account to traffic illegal content, by any means or method, is forbidden.  No illegal activity whatsoever may reside on nor pass through a SilverCloud Hosting server.

3.6.3.3. IRC sessions--Using SilverCloud Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination.  This includes the use of BNC and other redirection servers to indicate a source address on any SilverCloud Hosting server.  Running IRCs from our servers makes them targets for attack.  Do not run IRC sessions, IRC bots, IRC servers, IRC proxies, MUDs, etc.  Also prohibited is software used in the maintaining of an IRC connection (daemons), "bouncers," "eggdrops," and the like.  We will give no warning before terminating this activity and the account(s) responsible.

3.6.3.4. Hacking / Denial of Service--Network activity that constitutes an attack on any internet host from a SilverCloud Hosting server is grounds for immediate termination and likely prosecution.

3.6.3.5. Selling--SilverCloud Hosting prohibits any portion of its services from being resold, either with or without charge.  This includes, but is not limited to:  entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, Web space, and bandwidth.  In short, any reselling of any portion of SilverCloud Hosting services is prohibited, unless clearly stated otherwise by us in advance.

4. Customer Responsibility and Liability

4.1. All SilverCloud Hosting customers are solely responsible for all actions and liabilities of their account and all related account resources.  By entering into this agreement, you agree to accept all responsibility and liability for your actions.

4.2. The customer is solely responsible for the content and security of their account.  If the customer's account is hacked or abused, the customer agrees to be accountable for all resulting damages, costs, and liabilities.

4.3. SilverCloud Hosting reserves the right to financially charge the customer to seek compensation for any damages incurred as a result of the customer's account.  The customer agree to pay any such financial penalties in full within 30 days.

5. Backups

5.1. SilverCloud Hosting does perform backups for its own use.  Backups are made daily to an offsite location.  The backups are designed for our use only and not for customers.  They are intended for disaster recovery purposes.

5.2. At a customer's request, SilverCloud Hosting will provide up to 1 backup restoration per month free of charge.  Additional restorations in a single month will be billed at $50 per incident.

5.3. Customers that require a backup on optical media can request a copy by contacting sales.  There is a $35 charge for each backup we provide (plus any postage charges in excess of $5).  The backup will be mailed to you on CD or DVD.

5.4. Although every attempt is made to ensure the reliability and integrity of the backup files, we strongly recommend that you make your own backups as well, at a frequency pertinent to the dynamics of your site.  SilverCloud Hosting cannot, under any circumstances, be held liable for the integrity of any backups or the loss of any data.

6. Support Restrictions

6.1. The offer of any particular product or service does not constitute an obligation on SilverCloud Hosting's part to tutor the necessary skills to utilize that service, only to provide system-specific information.  We may help as much as possible, but we are under no obligation to do so, and such support may be limited and is considered to be a low priority.

6.2. Domain/DNS problems--in many situations, problems with domain names/DNS issues are NOT directly the responsibility of SilverCloud Hosting.  DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system.  We will do our best to isolate the source of the problem at hand, but, unless this source is hardware directly under the control of SilverCloud Hosting, SilverCloud Hosting will not be responsible for resolving the issue.  SilverCloud Hosting will advise when requested, but we will rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.

6.3. Migration support and troubleshooting--SilverCloud Hosting covers free initial migration from your previous host. This service is limited to cPanel-to-cPanel transfers, although we may in some cases attempt to transfer accounts from other environments (contact us with the specifics of your situation for details).  We offer basic troubleshooting after account migration to ensure things have been transferred successfully.  SilverCloud Hosting does not cover 3rd-party script troubleshooting.  It is your responsibility to ensure your scripts are compatible with our server environment.

6.4. Third-party software--SilverCloud Hosting does not offer support for any software not developed by SilverCloud Hosting.  Customers are encouraged to seek support directly from the vendors of these scripts.

6.4.1. This includes third-party scripts that are available and installable via our control panel (RVSiteBuilder, all scripts listed under Fantastico, etc.).  We make these scripts available and easily accessible for your use, but they are not officially supported by SilverCloud Hosting. 

6.4.2. If you open a support ticket requesting help with a third-party script, it will be treated as a low priority and may receive a delayed response.

7. Payment and Billing

7.1. All accounts are set up on a pre-pay basis only, unless specific prior arrangements have been made in writing.

7.2. Account subscriptions are persistent and automatically renew at the end of each billing period, unless prior notification of cancellation is made (see "Cancellation" below).  This is true regardless of the arranged payment method, whether auto-payments are in effect or not.

7.3. Payment frequency is dependent on the payment plan selected (such as monthly, annually, or bi-annually).  Pre-payments are non-refundable, except as specified in the "Refunds" section below. 

7.4. SilverCloud Hosting Hosting reserves the right to change prices at any time. 

7.5. Any unpaid account that is not brought current within a week past its due date is subject to suspension, and a delinquency fee of $10 per week may be instituted for late payments.  The customer is responsible for all money owed on the account (including delinquency fees) from the time it was established to the end of the period in which the customer notifies SilverCloud Hosting in writing to request termination of services.

7.6. SilverCloud Hosting, at its sole discretion, reserves the right to suspend or terminate any or all serviced purchased through SilverCloud Hosting by a customer with an overdue account. 

7.6. All payments are to be made in U.S. currency.

7.7. Except where other arrangements have been made (such as auto-payment subscriptions), SilverCloud Hosting will attempt to send invoices to customers in advance of the due date for payments.  However, account renewal prior to the beginning of the next billing period is ultimately the customer's responsibility.  Non-receipt of an invoice will not relieve the customer of any service charges and fees owed to SilverCloud Hosting.

8. Refunds and Guarantees

8.1. All refund requests, for whatever reason, must be submitted formally via the Support Center at http://support.silvercloudhosting.com.

8.1.1. All pertinent information must be provided along with the refund request, including the reason for the request (the qualifying incident if requesting a refund under the uptime guarantee), the main account domain, the account's username, and the invoice number or order ID of the most recent payment. All information must be complete and 100% accurate in order to be eligible for a refund.

8.1.2. SilverCloud Hosting may contact you for further information prior to processing your request.

8.1.3. You may only request a refund up to the maximum of 100% paid for the hosting account in the current billing period.  Domain purchases, dedicated servers, SSL certificates, and third-party software are not refundable.

8.1.4. You must qualify for a refund before submitting a request.  Otherwise, the refund request will be null and void.

8.2. The following qualify for a refund.

8.2.1. Accurate evidence of less than the guaranteed server uptime in a given month (99% for personal hosting accounts, 99.9% for business hosting accounts), provided that:

8.2.1.1. the refund is requested within 72 hours of the downtime incident;

8.2.1.2. SilverCloud Hosting will make the final determination regarding server uptime, and will base this decision on our own monitoring systems. External monitoring statistics set up by customers will be considered as evidence, but they will never be the authoritative source for uptime/downtime determinations.

8.2.2 Refunds requested under our 30-day money-back guarantee within 30 days of initial signup will be granted for any reason, with no questions asked, unless the customer has violated any of the terms of this agreement.

8.3. The customer must allow up to 30 days for a refund to be processed.

8.4. SilverCloud Hosting reserves the right to refuse a refund if it believes that any of the terms of this agreement have been violated by the customer or others acting with influence on any resources provided under the customer's account.

9. Cancellation

9.1. SilverCloud Hosting reserves the right to cancel service at any time.  Any extra costs resulting from policy violations will be billed to the customer.

9.2. Customers must inform SilverCloud Hosting at least 10 days prior to canceling any subscriptions outside of the 30-day money-back guarantee period.  Not doing so will result in the customer being billed for the following service term.

9.3. Once again, all of SilverCloud Hosting's Web hosting services are backed by a 30-day money-back guarantee.  If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount if you wish to cancel.  No refund is available after the 30th day. 

9.3.1 The money-back guarantee does not apply to any additional services, such as overages, referrer logs, additional disk space, additional email accounts, domain names, IP addresses, SSL certificates, etc. Refunds under this guarantee will be granted for hosting services only.

9.4. Due to security concerns, all account cancellations must be performed via our ticket system.  Unless you cancel by providing us with your order number/subscription number in a ticket, along with your domain name, user name, and any other verification information that we request, your account will not be cancelled.  You must provide us with the requested information in a timely manner so that we can safely terminate your account by verifying you as the authentic account holder.

9.4.1. Not cancelling in this stated way will result in continued billing until a cancellation is received in the proper format.

9.4.2. SilverCloud Hosting reserves the right to make exceptions to this at our sole discretion if we believe that we have successfully verified the account holder and their wish to cancel.

9.4.3. SilverCloud Hosting will not be liable for any losses incurred due to accidental or fraudulent account cancellation notices that we receive.

9.5. If you have paid in advance for a period of time beyond one month, but you decided to cancel before that period is up, you will NOT be eligible for a refund of any pre-paid but unused service (except under the 30-day money-back guarantee).  These pre-payments constitute a longer-term commitment, which is why they come at a discounted rate.

10. Promotions

10.1. From time to time, SilverCloud Hosting will offer various special offers, coupons, discounts, and promotions.

10.2. Certain coupons, offers, or promotions may not be combined with any other coupons, offers, or promotions, as determined by SilverCloud Hosting.

10.3. SilverCloud Hosting reserves the right to revoke a promotion that is already being used or a new promotion that has been introduced, either with or without prior notice.

10.4. SilverCloud Hosting reserves the right to reduced the advertised running time of any promotion, either with or without prior notice.

11. Lawful Purpose

11.1. SilverCloud Hosting reserves the right to refuse service to anyone.  Customers may only use SilverCloud Hosting servers for lawful purposes.  Transmission of any material in violation of any Federal, State, or Local regulation is prohibited.  This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.  The designation of any materials as such described above is left entirely to the discretion of SilverCloud Hosting.

11.2. Regardless of the place of signing of this agreement, the customer agrees that, for purposes of venue, this contract was entered into in Kitsap County, in Washington State, in the United States of America.  Furthermore, the customer agrees that any disputes that cannot be handled between the parties involved will be handled by binding arbitration in the state of Washington.  Binding arbitration shall be used in all cases, rather than litigation.

12. Indemnification

12.1. THE CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE, AND HOLD SILVERCLOUD HOSTING HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES AND OTHER LEGAL FEES, ASSERTED AGAINST SILVERCLOUD HOSTING, ITS AGENTS, ITS CUSTOMERS, OFFICERS, AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED, PERFORMED, OR AGREED TO BE PERFORMED, OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES, OR ASSIGNS. 

12.2. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SILVERCLOUD HOSTING AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH A SILVERCLOUD HOSTING SERVER; (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT; AND (4) ANY DEFECTIVE PRODUCTS OR SERVICES SOLD TO THE CUSTOMER FROM SILVERCLOUD HOSTING.

13. Disclaimer

13.1. SILVERCLOUD HOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER, FOR ANY REASON. SILVERCLOUD HOSTING MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, FOR SERVICES WE PROVIDE.  SILVERCLOUD HOSTING DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SILVERCLOUD HOSTING AND ITS EMPLOYEES.  SILVERCLOUD HOSTING RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME, AND IT IS THE CUSTOMER'S RESPONSIBILITY TO STAY CURRENT ON THESE POLICIES AS WRITTEN.

13.2. SILVERCLOUD HOSTING RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION, WITH OR WITHOUT REASON, IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION, OR FOR ANY OTHER REASON.  SILVERCLOUD HOSTING RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.

13.3. ALL SUB-NETWORKS, RESELLERS, AND DEDICATED SERVERS OF SILVERCLOUD HOSTING MUST ADHERE TO THE POLICIES MENTIONED IN THIS DOCUMENT.

1.3.4. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

14. Intellectual Property Rights

14.1. Material accessible to you through SilverCloud Hosting services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information.  Except when expressly permitted by the owner of such rights, you must not use SilverCloud Hosting or its servers and network in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material that you access or receive through the SilverCloud Hosting network.  If you use a domain name in connection with SilverCloud Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

15. Contract

15.1. All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning.

15.2. SilverCloud Hosting reserves the right to revise, amend, or modify this AUP and/or TOS and/or any other policies and agreements at any time and in any manner.  Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).  All users of SilverCloud Hosting's Internet services must comply with this AUP and TOS.  Please check back regularly for any updates at http://www.silvercloudhosting.com/services/terms_of_service.html.

 

16. ACCEPTABLE USE POLICY (AUP)

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with SilverCloud Hosting.  If you engage in any of the activities prohibited by this AUP document, SilverCloud Hosting may suspend or terminate your account.

SilverCloud Hosting's Acceptable Use Policy (the "Policy") for SilverCloud Hosting Services is designed to help protect SilverCloud Hosting, SilverCloud Hosting's customers, and the Internet community in general from irresponsible or, in some cases, illegal activities.  The Policy is a non-exclusive list of the actions prohibited by SilverCloud Hosting.  SilverCloud Hosting reserves the right to modify the Policy at any time, effective upon posting within our Web site at http://www.silvercloudhosting.com/services/terms_of_service.html.

16.1. Prohibited Uses of SilverCloud Hosting Systems and Services:

16.1.1. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited.  This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

16.1.2. Sending Unsolicited Bulk Email ("UBE", "spam").  The sending of any form of Unsolicited Bulk Email through SilverCloud Hosting's servers is prohibited.  Likewise, the sending of UBE from another service provider advertising a web site, email address, or utilizing any resource hosted on SilverCloud Hosting's servers, is prohibited.  SilverCloud Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

16.1.3. Running Unconfirmed Mailing Lists.  Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited.  All mailing lists run by SilverCloud Hosting customers must be closed-loop ("Confirmed Opt-in").  The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.  Purchasing lists of email addresses from 3rd parties for mailing to or from any SilverCloud Hosting-hosted domain, or referencing any SilverCloud Hosting account, is prohibited.

16.1.4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP/TOS or the AUP/TOS of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, and denial of service attacks.

16.1.5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

16.1.6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

16.1.7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

16.1.8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any SilverCloud Hosting customers or end-users by any means or device.

16.1.9. Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g. synchronized number sequence attacks) to any other user whether on the SilverCloud Hosting network or on another provider's network.

16.1.10. Using SilverCloud Hosting's Services to interfere with the use of the SilverCloud Hosting network by other customers or authorized users.

16.2. Customer Responsibility for Customer's Users

16.2.1. Each SilverCloud Hosting customer is responsible for the activities of its users and, by accepting service from SilverCloud Hosting, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.

16.2.2. Complaints about customers/representatives or end-users of a SilverCloud Hosting customer will be forwarded to the SilverCloud Hosting customer's postmaster for action.

16.2.3. If violations of the SilverCloud Hosting Acceptable Use Policy occur, SilverCloud Hosting reserves the right to terminate services with or take action to stop the offending customer from violating SilverCloud Hosting's AUP/TOS, as SilverCloud Hosting deems appropriate, with or without notice.