Last Updated: January 24, 2024

1. The following ACCEPTABLE USE POLICY (“AUP”) supplements and is subject to Racknation S.A. (Howler VPS) know as: (“Company”) terms of service.

2. Subject to Company’s Privacy Policy, Company does not monitor any content that is submitted to, stored on, or distributed or disseminated by Customer via the Products or Customer’s website(s), Customer’s customer(s) and/or Customer’s user(s) (collectively, the “Customer Content”).  By implementing, using, posting or publishing Customer Content to the Website(s) or through the Products, Customer represents and warrants to Company that (a) Customer has all necessary rights to use and distribute Customer Content and (b) Customer Content does not violate the rights of any third party(ies). 

3. The Websites and Products may only be used for lawful purposes under this AUP. 

4. Customer is prohibited from using the Websites or Products:

4.1. In any manner that violates any federal, state, international, or local law or regulation;

4.2. In any manner that violates any other applicable policy maintained by Company

4.3. In a manner that interferes with Company’s activities or business, interferes with Company’s delivery of the Products or harms any of Company’s customers, affiliates, directors, officers, employees, partners, brands, or Products;

4.4. To threaten, bypass, or destroy any security mechanism used with or incorporated in the Websites or Products;

4.5. To disparage, denigrate, insult, or otherwise make pejorative statements about Company and/or any of its affiliates, directors, officers, employees, partners, brands, or Products;

4.6. To transmit any materials, including without limitation any spam, junk mail, bulk mail, or any other deceptive email (as determined by Company in its sole discretion)

4.7. To violate the rights of others;

4.8. To harm, or attempt to harm, minors in any way;

4.9. For any illegal or fraudulent activity;

4.10. For any content or activity that promotes child sexual exploitation or abuse;

4.11. To violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;

4.12. To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of a Product and/or the Websites’ functionality;

4.13. To impersonate Company (including any Company personnel), any user of the Websites and/or Products, or any other person or entity;

4.14. To transmit any content, data, or material that infringes upon the intellectual property rights or other personal rights (including privacy) of any third parties;

4.15. To use the Products and/or Websites in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;

4.16. To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, key loggers or any other type of malicious or deleterious programs;

4.17. To use the Websites or Products to collect information about other users, including telephone numbers or email addresses, without any such individual’s prior explicit consent or otherwise under false pretenses of any kind;

4.18. To use the Products or Websites to record or monitor a telephone call, virtual communication or any other communication without first obtaining express consent from the participants per applicable law;

4.19. In any manner that can reasonably be considered contrary to the Company’s goodwill, public image, and overall reputation;

4.20. To express or imply that any user’s statements, activities, or causes are endorsed by Company;

4.21. To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent;

4.22. To divulge any of Company’s (or any of its affiliates’) proprietary information;

4.23. In any manner that promotes any illegal activity; 

4.24. To post and/or store material that promotes, incites, or facilitates acts of violence, hate speech, terrorism or other serious harm;

4.25. To publish or post the personal information of a person or entity with the purpose of inciting violence or harassment toward that individual or entity (“doxxing’);

4.26. To use or implement cryptocurrency mining, render farming, committing or promoting any type of illegal activity including, but not limited to, 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,” obscene material or be used in the traffic of illegal materials; 

4.27. To use or post banner advertisement services for display on other websites or devices (commercial banner ad rotation); 

4.28. To file use or post dump or mirror scripts that allow an anonymous user to upload a file for others to download; 

4.29. To use or post push button mail scripts that allow the user to specify recipient email addresses;

4.30. To use or post anonymous or bulk SMS gateways; 

4.31. To use or post BitTorrent trackers; 

4.32. To use or post any script or application that causes a degradation in the performance of Company servers or network environments;

4.33. Denial of Service (DoS) attacks; port scanning, sending floods, and/or creating artificial traffic; botnets; TOR exit nodes; open proxies; open DNS resolvers; illegal downloads or piracy;

4.34. activities causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information;

4.35. executing any form of network activity to intercept data not intended for Company or Company’s customer’s intended server;

4.36. evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks;

4.37. interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack;

5. Resource Usage.

5.1. Virtual Private Servers (“VPS”). CPU cores and disk I/O are shared among multiple VPSs. If Customer’s VPS is consistently maxing out one full core or more and impacting the performance of other Company customers’ servers sharing the same host node, Company may (as determined in its sole and absolute discretion) ask Customer to or may reduce Customer usage. Load may be generated by CPU usage and/or disk I/O. Disruptive loads may result in a reboot, shutdown, suspension and/or termination of access to the Products and VPS regardless of the time lapse involved.

5.2. CPU Usage. Customer agrees that Customer shall not use excessive amounts, as defined by Company (in its sole and absolute discretion), of CPU processing on any of Company’s servers. Excessive usage may result in corrective action by Company, including assessment of additional charges, suspension or disconnection of any and all Products, or termination of the Agreements, which actions may be taken in Company’s sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

5.3. Bandwidth and Disk Usage. Company shall provide Customer with a large volume of bandwidth, disk space, and other resources as defined in the Order or within the Product. The Products are intended for reasonable, as determined by the Company in its sole and absolute discretion, business use only. Any activity that results in excessive usage inconsistent with reasonable usage patterns is strictly prohibited. Customer agrees that such bandwidth and disk usage shall not exceed the amounts set by Company for the Product (the “Agreed Usage”). The Agreed Usage allotments are optimized and dedicated towards serving the Customer Content. Customer shall not use any bandwidth and/or disk usage for materials other than the Customer Content. Company will monitor Customer’s bandwidth and disk usage. Company, in its sole and absolute discretion, shall have the right to take any corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage or other violation of the storage or usage parameters. Such corrective action may include the assessment of additional charges, suspension, disconnection or discontinuance of any and all Products, removal or deletion of Customer Content and/or other materials or termination of the Agreements, which actions may be taken in Company’s sole and absolute discretion. If Company takes any such corrective action under this section, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. 

5.4. VDS CPU Cores. VDS CPU cores are dedicated per VDS. Customer may use 100% of the allocated CPU indefinitely. I/O and network ports are shared like a VPS, so at Company’s sole and absolute discretion, Customer may be required to reduce usage and/or shutdown VDS. 

6. Suspension and Termination. Customer understands and agrees that Company, in its sole and absolute discretion, determines whether any information transmitted or received violates this AUP and may investigate any suspected violation of this AUP, and remove or disable access to any content or resource that violates this AUP, including conduct related to Customer Content. Customer agrees to cooperate with Company to remedy any violation and cooperate with any law enforcement agency. When determining whether there has been a violation, Company may consider Customer’s ability and willingness to comply with this AUP, including the policies and processes Customer has in place to prevent or identify and remove any prohibited content or activity.

7. Indemnification. Customer shall be solely responsible, will be held liable and shall indemnify and hold Company and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising from Customer’s breach of this AUP and any and all of Customer Content that is submitted through an Account. Customer shall be solely responsible and will be held liable and shall indemnify and hold Company and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising from the incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on the Websites, through the Products or on Company’s network, or denial of service, deliberate or not, caused by forging address resolution protocol queries or replies or by configuring internet protocol addresses into Customer’s hardware or software which were not assigned to Customer’s Account. The foregoing actions may result in disconnection of the Products and suspension or termination of an Account, as determined by Company. Any loss of functionality of an Account related to the foregoing actions will be and remain the Customer’s sole responsibility. 

8. No Content Monitoring. While Company does not monitor Customer, Customer Content or a third-party’s use of the Websites and/or Products to confirm compliance with the terms of this AUP, UToS, or any other applicable Company policy(ies), if Company obtains any information of Customer’s violation of any such terms or policies, as determined in Company’s sole discretion, Company maintains the absolute right to suspend or terminate an Account or delete any material (including Customer Content) Company deems illegal, inappropriate, or violative of any Company or applicable third-party terms or policy(ies). If Company discovers a violation, it will take whatever action it deems reasonably necessary or appropriate to address such behavior, which may include (but is not limited to) disclosing Customer’s personal information to a third party(ies) or law enforcement agencies and may suspend and/or terminate any agreement with Customer and/or Customer’s access to the Products and Websites. CUSTOMER HEREBY WAIVES AND HOLDS COMPANY HARMLESS, ALONG WITH COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. In the event Company takes corrective action due to a violation of this AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer’s customers due to any corrective action that Company may take hereunder.

9. AUP Violation Claims. Company requests that any person or entity who believes that a violation of this AUP or any other Company terms or policy(ies) has occurred may report the alleged violation(s) to Company. Such a report can be reported by email sent to [email protected]. The following information should be included in the report:

9.1. Name of alleged violator(s);

9.2. Date and time (including time zone) of the alleged violation(s);

9.3. The IP address(es) used to commit the alleged violation(s);

9.4. Description of alleged violation(s);

9.5. Evidence of the alleged violation(s) (including screenshots and videos); and

9.6. The reporter’s involvement, if any, in the violation (and how the violation was discovered in the first instance).

10. Questions. Any questions about this AUP can be submitted by e-mail to: [email protected]