Acceptable Use Policy (AUP)

Regarding the use of SICloud CO., LIMITED and its affiliates (“SICloud” “SiliCloud” “Us” “Our”)'s network of internet assets (including but not limited to websites, applications and any platform that provides online services), products, materials and online services (referred to as collectively, the “Services”) by SICloud’s clients and users who have access to the services by visiting internet assets, making purchases and/or creating accounts (referred to as collectively, “You” “Customers” “Users”).

Under what circumstances the use of our internet assets, products, materials and online services is acceptable and prohibited, is clearly described in the Acceptable Use Policy (the “AUP”). The way our services are used must be conformed to the intended purpose of the services and the content of the applicable agreement with SICloud, including our Terms of Service (the “Terms”),and this AUP is included by reference.

We cannot exhaust all the examples and circumstances in the AUP and therefore we may revise and update this AUP periodically. You are deemed to consent to be bound by the terms of the latest version this AUP by using our services. Please note that terms not defined herein are defined in our Terms of Service. When you agree to comply with this AUP you also agree to require your end-users to comply with this AUP. Your request to use our services may be declined and your account may be deleted if any violation is made or assisted by you.

1. ILLEGAL, HARMFUL, OR OFFENSIVE CONTENT/USE IS NOT PERMITTED

You agree not to in any way use or assist others in using our services for any unlawful, harmful, offensive, fraudulent or infringing purposes, or otherwise make the aforesaid kind of information or content available through our services. The following activities or content are not allowed:

Unlawful, harmful or fraudulent Activities. Any activities that are unlawful, that infringes others’ right, or is damaging to other’s rights including the functioning of our services and our reputation. Such activities include things in relation to child pornography, fraud (e.g. promote fraudulent goods, Ponzi and pyramid schemes, phishing, or any kind of solicitation).

Infringing Content and/or Use. Content that infringes or misuses other people or entities’ intellectual property or any other rights, including but not limited to disclosing personal information without proper pre-authorization, or using personal information that are directly taken from our website for your own purposes without authorization or proper attribution. Without our permission or authorization, you are NOT allowed to be involved in selling our products and/or the access to the services.

Offensive Content. The following contents are considered offensive: contents that are obviously inappropriate to teenagers in any way, insulting, salacious, vulgar, threatening, discriminatory, harassing, invasive of others’ privacy, fake, intentionally misleading, patently offensive, or racially, ethically or otherwise objectionable, including any content that causes psychological discomfort.

Harmful Content. Content or other computer technology with destructive nature that may harm or interfere with any devices, software, network or service.

False Content. Any content that falsely indicate or represent your identity, including but not limited to misrepresenting your current or previous qualifications, or your affiliations with a person or entity, past or present, or assuming another’s identity.

2. NO SPAM, E-MAIL OR SPY OTHER MESSAGE ABUSE

You consent to comply with Our Anti-Spam Policy at all time. Bound by the consent, no unsolicited mass message (e.g. E-mail, phone text) will be distributed or facilitated in distribution by you, nor will any solicitation (like “SPAM”), including promotions and informational statements be distributed by you. No alternation, assumption or attempt to obscure will be made to a sender’s identity without the sender’s explicit permission by you. When messages violate this AUP or the acceptable use policy of another provider, you will not harvest and collect replies to messages sent from another internet service provider. Our communication tools including but not limited to forums, messaging and feeds will not be used to promote other services or goods not related to (or approved by) our service.

3. NO SECURITY VIOLATIONS

You will help to maintain the security and integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”) by not using our services inappropriately. You should not and will not use our services in any of the following ways:

Unauthorized Access. Gaining access to or using any system without any authorization. Those violations include but not limited to attempts or actions to find the vulnerability of a system or to intentionally bypass or break any security or authentication measures used by a system.

Interception. Monitoring and tracking of data or traffic on a system without permission.

Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route.

4. NO NETWORK ABUSE

Without permissions, you may not make network connections to any users, hosts, or networks. Please see the following for prohibited activities in detail:

Monitoring or Crawling. Activities like monitoring or crawling of that may impair or disrupts the normal functioning of a system.

Denial of Services (DoS). Hindering the responding function or slows down the speed of responding of a system by inundating a target with communications requests.

Intentional Interference. Involving in any intentional attempt to overload a system by malignant measures like E-mail flooding to hinder a system from functioning normally.

Operation of Certain Network Services. Running or using certain network services like open proxies, open mail relays, or open recursive domain name servers.

Avoiding System Restrictions. Using means in manual or electronic ways to avoid any use limitations placed on a system, such as access and storage restrictions.

Excessive Use. If excessive CPU from activities such as cryptocurrency CPU mining are used, for the purpose of maintaining a consistent level of performance on all our nodes, SICloud reserves the right to limit the CPU available to your instances.

5. AUTHORIZED USE

By agreeing this AUP, you consent to (i) abide by this AUP, (ii) abide by all laws, regulations and any lawful obligation applicable to you, including but not limited to, criminal laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements within your field; and (iii) use the services in manner which is professional.

6. OUR MONITORING AND ENFORCEMENT

If you violate this AUP or misuse our services, we may investigate such violations and misuses by exerting the right we reserved. We will not assume the relevant ensued obligation. For the purpose of investigate the aforesaid violations and misuses. We may:

investigate such violations and misuses in all legally permitted ways;

keep monitoring all prohibited actions, and take appropriate action against you at our sole discretion after investigation;

remove, modify or decline any request to approach any content or resource (including User Content) that violates this AUP or any other agreement we have with you for use of our services after reviewing the content;

If any liability (including reputational damage) is ensued and caused by your violation of this AUP or other agreement you sign with us including but not limited to Terms of Service, we may take actions including but not limited to suspending or terminating any access to our services. Legal action may also be taken to enforce our rights, and/or report you to appropriate entities or persons in authority. PLEASE NOTE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.

We may disclose certain customer information when performing our reporting obligation. We also may build up cooperation with appropriate entities or persons in authority to offer help in investigation and prosecution of unlawful conduct by disclosing information and data regarding alleged violations of this AUP.

In correspondence with our Privacy Policy, we also may share and/or use your information to protect the safety and integrity of us and our assets, any third party, or the general public; to detect, prevent, or otherwise address fraudulent and harmful contents or actions; to prevent or stop any activity that we considered as suspicious, unethical or illegal in our sole discretion; to assist litigation and audits; and/or to enforce this Acceptable Use Policy, and our Terms of Service.

We don’t control or endorse the information found in our services and, therefore, SICloud specifically disclaims any liability regarding our services and any actions your participation in any service result in. After the end of the services, we no longer assume any obligation.

7. SAMPLE LIST OF PROHIBITED ACTIVITIES

We offer our services to enable you and your end-users to make interactions via the Internet. By agreeing this AUP, you agree to only use the services (and to require your users to do the same) only to distribute and receive information that is appropriate and lawful and, when applicable, related to the particular service. By way of example, and not as a limitation, you agree that when you (or your end users are) using our services, you (and your end users) will not:

Conduct any unlawful actions or involve in any illegal activities through or with our services;

Violate the legal rights (such as rights of privacy and publicity) of others by abusing, defaming, stalking, threatening and etc.;

Distribute or involve in the distribution chain of any defamation, obscenity, or otherwise unlawful content;

Distribute or involve in the distribution chain of any information about discrimination, hate or violence towards individual or a group because of their belonging to a race, a religion or a nation;

Upload, or otherwise make available files that contain content protected by IP laws and any other laws and regulations, unless you are the owner or controller of such content or have received all necessary consents to do the same;

Use any contents which are made available through the services in any manner that infringes any lawfully proprietary right of any party;

Upload files that contain software, programs or technologies that may hinder or do harm to the operation of another’s property;

Download any file posted by another user of our service that is knowingly illegally distributed;

Modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded;

Restrict or hinder any other user from gaining access to or using our services;

Violate any instructions or other guidelines of any particular service;

Collect information about others, unless it is necessary to operate your site and has been consented through your site’s privacy policy (if any);

Violate any applicable laws or regulations;

Create a fake identity for unrighteous purposes;

Host TOR exit nodes;

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the services or other user or usage information or any portion thereof;

Network monitoring or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized one is strictly prohibited;

For the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS by utilizing bots that could result in the blocking of SICloud IP space or ASN;

Utilizing autodialers or other VOIP based robocalling software;

Our services is not allowed to be utilized and deployed to conduct and deliver DOS/DDOS mitigation.

8. REPORTING ANY VIOLATIONS OF THIS AUP

If you find out any violations or suspected violations of this AUP, please immediately notify us and provide us with assistence, as requested, to stop or remedy the violation. To report any violation of this AUP, please contact us at abuse@mail.sicloud.hk.