Acceptable User Policy
The Blue Elephant AUP (Applicable User Policy) amends the Agreement between Blue Elephant and its Customer/Client and describes certain restrictions related to your use of the Services. Any violation by you shall be deemed a breach of the Agreement. We may update this AUP from time to time in our sole discretion.
If any third party has questions regarding this AUP or wishes to report a violation, such party may contact us regarding the abuse via filling in our online form.
Blue Elephant Hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:
- Abuse of the machines – either intentional or due to improper coding
- Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
- Committing or Promoting any type of illegal activity that includes hacking, phishing, social engineering, or any transmission of malicious code or unauthorized use of the computing resources of an end user.
- The Services to traffic in illegal drugs, gambling and/or obscene materials.
- The Services to traffic to cause defamation, harassment or slander; fraud or false advertising or threatens violence.
- The Services to traffic in or suspected of involvement in activities or causes relating to: terrorism or arms trafficking, including any affiliation with others whatsoever who sponsor or support such activities or causes.
- The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third-party infringement.
- Additionally, Blue Elephant Hosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, non-consensual sex acts, bestiality “adult content” and/or the written word of a sexual nature.
- Use of ad-servers, attempts to circumvent quota system owned by ‘nobody’, certain podcasting sites, use of torrent software, proxies, excessive resource usage or ‘core dumping’.
- Attempts to circumvent any of our security policies, procedures or systems.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Blue Elephant does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Blue Elephant, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Blue Elephant shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- Blue Elephant reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of service.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Blue Elephant a non-exclusive royalty-free license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
If you use the Services to transmit email, you must do so responsibly. Sending or promoting spam using the Services is prohibited and may result in immediate termination of your account. We consider spam to be the transmission of any email messages that are in violation of the most recent regulations issued by the Federal Trade Commission implementing the CAN-SPAM Act or, if you are sending emails to non-domestic end users, any foreign equivalent thereof. In addition, and at our discretion, we may place limits on the number of outbound messages you send if our review of your account indicates that you are jeopardizing our network stability. Without limiting any other rights, we may have, the parties agree that should you breach this section by sending spam it would be difficult to determine actual damages. Therefore, Blue Elephant Hosting reserves the right to terminate your account at any time without a refund.
Overloading Network Resources
You may not interfere with our business or our ability to provide services to other customers, nor take any action nor make any use of the Services that places excessive burdens on the network or systems used to provide such services. Specifically, you may not use or provide open proxies or Internet Relay Chat or use the Services for video streaming. If your use of the Services materially exceeds the use by similarly situated customers. If you refuse, we may place restrictions on your use of the Services. You may not perform any vulnerability or penetration testing of Blue Elephants network or systems, including your own hosted environment, without our prior written approval.
Regulated and Sensitive Information
It is possible to run an eCommerce site on our platform, provided that you follow some best practices that prevent credit card information from being processed or stored on our platform. For more information on those best practices can be found on PCI security standards. You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information (as that term is defined under HIPAA), cardholder data protected under PCI DSS regulations (such as credit or debit card data), or other financial data (including any financial account details). You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.
You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your Authorized Users and anyone to whom you provide access to the Services or the content you create using the Services. In-addition, measures should be taken to ensure strong Username and Password practices must be implemented to prevent any security breaches.
Blue Elephant pre-installs specific plugins to monitor core performance and provide security site protection. You must not delete or deactivate these cores plugins, by doing so you take full responsibility and liability, for any disruption or security breach resulting in Malware infection is the result of our breach of the Agreement. You will be liable for any charges occurred for emergency cleaning of infected sites.