Violation of this Acceptable Use Policy may result in immediate suspension or termination of services without refund. Please read and understand these policies before using our services.
1. Policy Overview
This Acceptable Use Policy ("AUP") defines prohibited uses of HardBrain Ltd's (Company No. 16742986) ("HardBrain") VPS hosting services. This policy protects HardBrain, our customers, and the internet community from unethical, irresponsible, and illegal activities. Violation of this policy may result in service suspension or termination.
2. Prohibited Activities
2.1 Illegal Activities
Use of our services for any illegal purpose or in violation of any local, state, national, or international law is strictly prohibited:
Distribution of pirated software, movies, music, or other copyrighted material
Hacking, cracking, or distributing hacking tools
Distribution of malware, viruses, trojans, or ransomware
Phishing or identity theft operations
Credit card fraud or financial crimes
Sale of illegal drugs, weapons, or counterfeit goods
Child exploitation or abuse material (zero tolerance)
Human trafficking or exploitation
Any activity that violates federal or international law
2.2 Network Abuse
Port scanning or network vulnerability scanning without permission
Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks
IP spoofing or ARP poisoning
Packet sniffing or network monitoring of others
Intentional interference with other users' services
Attempting to breach security or authentication measures
Unauthorized access to other servers, networks, or systems
2.3 Email and Messaging Abuse
Sending unsolicited bulk email (spam)
Operating email lists without proper opt-in procedures
Selling or renting email lists
Email harvesting or scraping
Forging email headers or sender information
Operating open mail relays or proxies
Sending emails to purchased or rented lists
2.4 Resource Abuse
Cryptocurrency mining without prior written approval
Excessive CPU usage that impacts other customers
Running services that consume disproportionate bandwidth
Automated queries or attacks against third-party services
Operating BitTorrent trackers or similar services
Mass downloading or scraping of content
2.5 Content Restrictions
Adult content without proper age verification systems
Hate speech, harassment, or discriminatory content
Content promoting violence or terrorism
Defamatory or libelous content
Content violating intellectual property rights
Fraudulent or deceptive content
3. Permitted with Notification
The following activities require prior notification to HardBrain support:
VPN Services: Must notify us and ensure no illegal activity
Proxy Services: Require approval and monitoring
IRC Servers: Must implement abuse prevention measures
Game Servers: Should notify to ensure adequate resources
Tor Exit Nodes: Require special approval and legal review
Backup Services: Large storage operations need approval
4. Security Requirements
Customers are responsible for the security of their VPS:
Keep operating systems and software updated with security patches
Use strong passwords and secure authentication methods
Configure firewalls appropriately
Monitor for unauthorized access or suspicious activity
Respond promptly to security notifications from HardBrain
Implement SSL/TLS for sensitive data transmission
Regular backups of important data
5. Bandwidth and Resource Usage
5.1 Fair Use: While we provide generous bandwidth allocations, usage must be reasonable and not impact other customers.
5.2 Excessive Use: If your usage significantly exceeds normal patterns or impacts infrastructure, we may:
Contact you to discuss usage patterns
Request optimization of your services
Recommend upgrading to a higher-tier plan
Temporarily throttle bandwidth in extreme cases
5.3 CPU and Memory: Sustained high CPU usage (above 80% for extended periods) may trigger investigation to ensure it doesn't impact others.
6. Copyright and DMCA
6.1 Compliance: HardBrain complies with the Digital Millennium Copyright Act (DMCA) and other copyright laws.
6.2 Infringement: If we receive a valid DMCA takedown notice:
We will forward the notice to you
You must respond within 24 hours
Infringing content must be removed immediately
Repeated violations may result in service termination
6.3 Counter-Notice: If you believe a takedown was issued in error, you may file a counter-notice according to DMCA procedures.
7. Reporting Violations
If you become aware of any violations of this AUP, please report them to:
8.1 Investigation: HardBrain reserves the right to investigate suspected AUP violations.
8.2 Actions: Depending on the severity, we may:
Warning: First-time minor violations may receive a warning
Suspension: Serious violations result in immediate service suspension
Termination: Severe or repeated violations lead to account termination
Legal Action: Illegal activities may be reported to law enforcement
No Refund: Violations may result in forfeiture of all payments
8.3 Cooperation: We cooperate fully with law enforcement and comply with valid legal requests for information.
9. Account Responsibility
You are responsible for all activity under your account, including:
Actions of users you grant access to
Compromised accounts or servers
Activity from your IP addresses
Content hosted on your VPS
10. Modifications
HardBrain reserves the right to modify this AUP at any time. Material changes will be announced via email and posted on our website. Your continued use of services after changes constitutes acceptance of the modified AUP.
Zero Tolerance Policies
The following violations result in immediate termination and law enforcement notification: