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Acceptable Use Policy

YottaServers Acceptable Use Policy


This Acceptable Use Policy “AUP” of YottaServers, LLC., a Iowa limited liability company, and all other subsidiaries, divisions and identities used by YottaServers, LLC. (collectively “YottaServers”) is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, other Devices and IP Addresses of YottaServers (collectively “Services” or “Servers”), and provided to the Customer by YottaServers, as described in the Service Schedules or other Order Forms (“Service Schedule”) accepted by you (“You” or ”Customer” as identified in the Service Schedule) and YottaServers. Acceptance of any terms or conditions different from those contained herein by YottaServers will not be conferred by provision of service, but only by electronic or written signature of an officer of YottaServers. YottaServers may, from time to time at its sole discretion, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services or Servers. YottaServers may modify this AUP at any time, at its sole discretion. Any modifications are effective upon posting of the revisions on the YottaServers web site (the “Site”). YottaServers will notify you via the YottaServers updates blog if any modifications have been posted to the Site and include a diff so changes can be easily identified. This AUP is not exhaustive.

By registering for or using the Services or Servers, you accept and agree to abide by the terms and conditions of the Terms of Service (“TOS”) of YottaServers, the rules, regulations, and restrictions of the AUP, (collectively the “Policies and Procedures”) and the laws of the cities, states, and countries wherein the Services and Servers of YottaServers are located which are hereby incorporated into this AUP. Solicitation of any illegal acts on, to, from, or through the Services or Servers, whether performed or not, is a violation of this AUP.

“Services” is defined as any offering of YottaServers including, but not limited to, those managed, in whole or in part, by YottaServers.
“Servers” is defined as any CPU based hardware platform of YottaServers including, but not limited to, those managed, in whole or in part, by YottaServers as part of the Services.
“IP Addresses” is defined as any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address assigned by YottaServers to you as part of the Services or Servers.

Suspension and Cancellation

Violation of this AUP, the AUP of any upstream provider of YottaServers, or the AUP of any network connected on, to, from, or through the Services or Servers may, at the sole discretion of YottaServers, result in the immediate suspension or cancellation of any or all Services and Servers or other action deemed appropriate by YottaServers without remuneration for such suspension, cancellation, or other action or assurance of prior notification to you for such suspension, cancellation, or other action. Any fees paid in advance of such suspension, cancellation, or other action are non-refundable.

Data Liability and Responsibility

You are solely liable and responsible for any and all data stored or transmitted on, to, from, or through the Services and Servers including, but not limited to, block special files, character special files, directories, symbolic links, socket links, fifos, regular files, programs, databases, text, graphics, pictures, movies, audio, streaming media, web pages, hyperlinks, email, instant messages, chat messages, file transfers, host names, and domain names.


All resellers, clients, users, and sub networks of the Services and Servers provided by YottaServers are subject to this AUP and any attempted or actual violation of this AUP by any person or party on your behalf shall be a violation of this AUP by you.

Resellers are entirely responsible for the conduct of their customers and by agreeing with the AUP, resellers agree that their customers will adhere to the AUP. Resellers have an obligation under this agreement to make their current and prospective customers aware of the AUP and the consequences of violation of same.

Right of Refusal

YottaServers reserves the right to refuse service to anyone at any time.


You acknowledge your indemnification obligations under the terms of service of YottaServers and agree that you are solely liable and responsible for any and all monetary damages resulting directly or indirectly from violations of this AUP including, but not limited to, the Services, Servers, network and business operations of YottaServers, and related costs incurred by YottaServers and any third person or party, and that such monetary damages will be charged to your account. Violations of this AUP may result in civil and criminal liability to you.

Disclaimer of Responsibility

YottaServers will not, as ordinary policy, monitor the communications of its subscribers without the consent and direction of local, state, and federal law enforcement. If YottaServers becomes aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, cancellation of Services or Servers, or take any other action it deems appropriate. YottaServers assumes no liability or responsibility to any person or party for any violation of this AUP by any other person or party.

Policy Enforcement and Resolution

Violations of this AUP are, enforced at the sole discretion of YottaServers by issuance of a Policy Enforcement Notice to the registered contact email addresses of the Customer and, additionally, may be issued to the registered abuse contact email addresses of the Services or Servers. It is your responsibility to request from abuse@yottaservers.com abuse related contact email addresses. Failure to receive a Policy Enforcement Notice does not limit the right of enforcement by YottaServers of this AUP or your responsibility to resolve violations of this AUP in a manner acceptable to YottaServers. YottaServers reserves the right to, at its sole discretion, immediately suspend or cancel an account without notice for a violation of this AUP.

YottaServers reserves the right to drop the section of IP space involved in any Spam or Denial-of-Service (DoS) complaints, especially if open relays are on your network or a customer’s network, or if DoS attacks are originating from your network. In certain rare cases, we may have to take this action prior to attempting to contact you.

Upon receipt of a Policy Enforcement Notice, you must remove all domains, sites, users, or exploits causing a violation of this AUP from the Services and Servers. You must reconfigure, harden, or remove any improperly configured or insecure software causing a violation of this AUP. However, YottaServers may, at its sole discretion, access any managed Server or Service or require root access to any self-managed Server or Service to remove the cause of an abuse or reconfigure, harden, or remove any improperly configured or insecure software. In the case of severe violations YottaServers reserves the right to reset the root/Administrator password to your Services or Servers so that the violation can be stopped immediately. You must reply to the Policy Enforcement Notice within the time frame given in the notice with appropriate comments, questions, or actions to resolve the violations cited in the notice. Depending on the violation type, severity, history, quantity of complaints, upstream provider requirements, and other factors, your Services and Servers may be:

  • Monitored for additional violations
  • Disconnected, null-routed, or port shutdown
  • Required to provide root login information for our direct investigation, cleaning, hardening, and/or securing
  • Required to submit reload ticket with or without data recovery as indicated
  • Required to remove current end-user-client from all servers
  • Placed on 30-day probation
  • Reviewed for probation violation
  • Subject to hard drives seizure
  • Canceled


Prohibited Uses

The following list provides a number of general prohibited uses of the Services, Servers and/or Third Party Services that are violations of this AUP. Please note that the following list does not represent a comprehensive list of all prohibited uses.

  • Child Pornography
    • Child Porn linking, distributing or hosting content of pornography involving a person under legal age.
  • Copyright & Trademark
  • Embargo
  • Forgery
    • Faking an IP Address, Hostname, E-Mail Address, or Header.
  • Fraud & ID Theft
    • Fraud Site
      • Hosting or Linking to a Website Intended to Deceive the Public.
    • ID Theft
      • Hosting, Distributing, or Linking to Stolen Account Identification Information.
      • Fraudulently charging credit cards or displaying credit card information of third parties without their consent.
      • Failure to comply with applicable on-line privacy laws.
    • Phishing
      • Identity Theft by Email Under False Pretense.
    • HYIP Site
      • Hosting or Linking to a Website of High Yield Investment Program, Ponzi Scheme, or Pyramid Scheme.
  • IP Blacklist
    • Causing an IP to be Blacklisted at an ISP, Upstream Provider, Backbone Provider, or an Established Blacklist Site.
  • IP Address Stealing
    • Use of a Publicly Routable IP Address not Provided to you by YottaServers on the Services or Servers is a Violation of this AUP.
  • Malicious Tools
    • General
      • Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Instruction on How to Use Aforementioned Software.
    • Wares
      • Hosting, Distributing, or Linking to Key Generators, Serials, or Pirated Software.
    • Infection
      • Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.
  • Malicious Tool Use:
    • Cracking
      • Brute Force Access of Secured Network Devices.
    • Hacking
      • Circumventing Security Systems of Network Devices.
    • Proxy Hijack
      • Use of a Third Party Proxy Vulnerability or Trojan.
    • DoS
      • Denial of Service Attack of Network Devices.
  • Network Performance Degradation
    • Excessive Use or Abuse of Shared Network Resources
    • Any Detrimental Use of Network Resources
  • Other
    • IRC Malicious
      • Malicious Use of Internet Relay Chat.
    • Open Relay
      • Hosting an Open Relay.
    • Anonymous Proxies.
      • YottaServers does not allow the use of anonymous proxy scripts on its servers.
  • Spam
    • See: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
      • The above link is a compliance guide for the CAN-SPAM Act. Any violation of the above-linked compliance guide shall be considered a violation of this AUP.
    • Advance Fee Fraud
      • Spam to Solicit an Advance Fee in Return for Monetary Gain.
    • ROKSO
      • ROKSO Blacklisting at www.spamhaus.org of an IP.
      • See: http://www.spamhaus.org/rokso/index.lasso
        • ROKSO Blacklisting shall be grounds for immediate Server and/or Service termination for violation of this AUP.
    • Spam Email
      • Unsolicited Bulk Email (UBE).
    • Spam List
      • Hosting, Distributing, or Linking to Email Address Lists for Spam.
    • Spam News
      • Posting the Same Message Repeatedly in one or More Newsgroups or Posting an Off-Topic Message to a Newsgroup.
    • Spam Site
      • Hosting a Site Advertised by Spam Email, Spam News, or Spam Web.
    • Spam Ware
      • Hosting, Distributing, or Linking to Software Designed for Spamming.
    • Spam Web
      • Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books.
  • Terrorism
  • Threatening Material or Content
    • Hosting, posting, transmitting, or retransmitting any content or material that harasses, or threatens the health or safety of others.
      • Content that is determined by YottaServers to be hateful, malicious, racist, defamatory, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
  • Upstream AUP
    • Violation of AUP of an Upstream Provider of YottaServers.
  • Prohibited Offerings.
    • No Customer may utilize the Services to provide, sell or offer to sell the following: illegal drugs and drug contraband; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons; information used to violate the copyright of, violate the trademark of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals.
  • Other Illegal Activities.
    • The use of the Services to engage in any activity that is determined by YottaServers, in its sole and absolute discretion, to be illegal is prohibited. YottaServers will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
  • Other Activities.
    • Engaging in any activity that, in YottaServers’ sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, YottaServers’ business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of YottaServers’ Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this AUP. In addition, the failure of Customer to cooperate with YottaServers in correcting or preventing violations of this AUP by, or that result from the activity of, a Customer, patron, customer, invitee, visitor, or guest of the Customer constitutes a violation of this AUP by Customer.


Definition of Spam

All Unsolicited Bulk Email or “UBE”, email which is both unsolicited and bulk, is hereby defined in this AUP as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient’s personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al or “CAN-SPAM Act” applies to the definition of spam as used in this AUP.

Opt-In Mailing Lists

Mailing lists must be true opt-in. This requires you to provide to the recipient either a confirmation email or a confirmation web page whereby the recipient must have received a confirmation email having a unique tracking number or must have clicked a hyperlink in the confirmation email having a unique tracking number maintained in your web server log file or must have clicked the hyperlink in the confirmation web page having a unique tracking number maintained in your web server log file. Thus granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific site both of which must be hosted on the network of YottaServers and under your administrative control. You are required to provide the confirmation email reply with unique tracking number or the web server log file line containing the unique tracking number as evidence that the recipient did, opt-in to the email list. You are also required to provide at least one simple method to opt out of the email list which must be honored immediately.

IP Addresses

IP Addresses are non-transferable, and Customer retains no ownership or transfer rights to such IP Addresses. All IP Addresses are assigned by the YottaServers engineering team on a per VLAN, per server basis. Attempted use by Customer of any unallocated IP Address or any IP Addresses on VLANs not assigned to Customer is a violation of this AUP.

Intellectual Property Violations

YottaServers respects the intellectual property rights of others and expects its users to do the same. YottaServers reserves the right, at its discretion, to delete material that infringes the copyrights, trademarks, or other intellectual property rights of others. YottaServers also reserves the right to disable and/or terminate the accounts of users who infringe the copyrights, trademarks or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide YottaServers with the following information:

  • A description of the copyrighted work property that you claim has been infringed.
  • A description of the material that you claim infringes your copyright, and information sufficient to allow location the material.
  • Your address, telephone number, and e-mail address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright.


Work Provided for AUP Violations

Should it become necessary for YottaServers to perform any management, administration, or security work on the Services or Servers to resolve a violation of this AUP in a manner acceptable to YottaServers, you agree that YottaServers may perform such management, administration, or security work without prior approval and you agree to pay YottaServers $150.00 USD per hour one-hour minimum for any management, administration, or security work performed in excess of your allocated “Advanced Administration” hours.

System and Network Security

You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, YottaServers will disable it immediately. You will pay any costs to correct security breaches affecting YottaServers or any of its other customers. Users are prohibited from violating or attempting to violate the security of the YottaServers network.
YottaServers’ network includes, but is not limited to:

  • YottaServers management and monitoring servers
  • Network and Server infrastructure owned by YottaServers as well as that of our upstream providers
  • Servers and Services run by YottaServers
  • Servers and Services of YottaServers’ other customers

Violations of Service, Server, system or network security may result in civil or criminal liability. YottaServers will investigate occurrences which may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, but are not limited to:

  • Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, flooding, mail bombing or crashing.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain Services or Servers which such user is not entitled.


Contact Information

You are responsible for maintaining your contact information in the ticket system such that your registered contact email address is always reachable even in the event of disconnection of the Services or Servers. YottaServers requires that you have at least one third party email address on file in the event that notification is required when one or more of your Services or Servers are down.

Violation Reporting & Law Enforcement

Violations of this AUP should be reported to abuse@yottaservers.com

Reports of alleged violations must be verified and must include the name and contact information of the complaining party, the IP address or website allegedly in violation, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, YottaServers owes no duty to Third Parties reporting alleged violations. YottaServers will review all verified Third Party reports and will take such actions as it deems appropriate in its sole discretion.

YottaServers will comply with and respond to valid (as YottaServers determines in its sole discretion) subpoenas, warrants, and/or court orders. If permitted by applicable law or regulation, YottaServers will forward such subpoenas, warrants, and/or orders to Customer and Customer may respond; however, YottaServers reserves the right to respond to any such subpoena, warrant and/or order if it is the named party in such subpoena, warrant, and/or order.

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