VMS provides connectivity, hosting, and data center services to a wide variety of customers. In providing these services, VMS has certain responsibilities concerning the use of its equipment and network and may impose reasonable rules and regulations.
It is important for all of VMS's customers to read and understand this Acceptable Use Policy. By using the Services and/or signing the Master Customer Agreement, customers agree to comply with this Policy and also agree to indemnify VMS against any claims by third parties arising from violation of this Policy.
VMS reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to VMS web site: www.vmsnet.com. VMS's customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.
This policy recognizes the fundamental fact that no one owns or controls the Internet. VMS cannot monitor or control all the activities of our customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our customers. Our customers, not VMS, assume all responsibility relating to their Internet activities including, but not limited to:
- Aspects of the Customer's business
- Content and data provided by or through a Customer for use with the Services
- Decisions about Customer's computer and communications systems needed to access the Services
- Results obtained from using VMS Services
- Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
- Use of the VMS services by Customer's end users;
- Compliance with this Acceptable Use Policy by the Customer and Customer's end users
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Using the VMS network in anyway that adversely affects other VMS customers is strictly prohibited. This includes but is not limited to:
- Gaining or attempting to gain unauthorized access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
- Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Running programs continuously in the background without our permission. (This DOES NOT apply to dedicated servers).
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
- Using IP addresses which were not assigned to them by VMS.
- Running Internet Relay Chat (IRC) servers, bots or clients.
- Installing online or live chat systems of any kind. (This DOES NOT apply to dedicated servers or colo customers).
Accounts may be terminated that include content or which have links to content that:
- Is unlawful or is considered offensive by the web community.
- Promotes injury or physical harm against any group or individual.
- Promotes or teaches illegal activities.
- Exploits or depicts children in a negative/sexual way.
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
- Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
Pornographic, obscene, or other nude material is NOT permitted.
SPAM or Unsolicited Commercial Email
VMS has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. VMS customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts). Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, VMS will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, VMS will impose penalties and/or, at its discretion, restrict or terminate the offending account and the client’s access to our network. All clients with confirmed violations of our UCE policy may be required to pay an administrative fee of at least $50 to investigate and/or help remedy the violation. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.
VMS Administrative Login and Management Software
To facilitate datacenter/network/server management, inventory and related activities, all VMS dedicated and shared servers include a VMS administrative account and password and/or a VMS daemon. All reasonable precautions are made by VMS to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in anyway change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of Customer's hosting account.
This Acceptable Use Policy (AUP) is not exhaustive. VMS has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.