Acceptable Use Policy
To use clustered.net products and services, you must comply with the provisions of this Acceptable
Use Policy ("AUP") at all times.
Please note that in this AUP, "we"/"us"/"our" means VM Linux (UK) Limited of 29a Telegraph Hill, Higham, Rochester, ME3 7NW, registered company in England no: 3615064.
and "you"/"your" denotes you the customer.
General Information
This AUP applies to every VM Linux product and service and your use of them. For some products
and services there are particular points to which you must conform when you are using that
product or service. Appendices A through C of this document give further guidance as to how this
AUP is applied to specific Products and services.
It is your responsibility to ensure your compliance with all applicable provisions of this AUP. If you
have any comments or queries, or there is any provision that you do not understand, please feel
free to email any enquiry to abuse@clustered.net
You must not use your VM Linux product/service for any illegal purpose.
Your traffic over the Internet may traverse other networks, or use other services which are
not owned or operated by VM Linux. You must abide by the acceptable use policies and
other terms and conditions imposed by the operators of those networks and services.
VM Linux may, at its sole discretion, run manual or automatic systems to determine
compliance with this AUP (e.g. scanning for open mail relays or smurf amplifiers).
You are required to accept email addressed to "postmaster" at your address. For example,
if you have the domain "example.co.uk", then you should accept email addressed
postmaster@example.co.uk respectively. You will be deemed to have read any and all such
postmaster-addressed email. VM Linux may take action on the basis of this assumption.
Your usage of the Internet must conform to community standards.
It is not possible to codify exactly what constitutes "acceptable use" and "unacceptable use" or
abuse of the Internet. These terms depend upon the many informal understandings which have
arisen between the administrators, owners and operators of the computers and networks that
together constitute the Internet, and of which VM Linux is only one participant among many.
However, VM Linux's relationship with other networks, and ultimately its connectivity to the rest of
the Internet, depends largely upon proper behaviour by its customers. VM Linux cannot tolerate
any behaviour by customers which negatively impacts upon its own equipment or network, or
upon the use by other customers of the Internet, or which damages VM Linux's standing in the
wider Internet community.
Therefore, it is important that when activity that might constitute abuse occurs, that VM Linux
takes appropriate action - if it did not, and such abuse was permitted to continue, VM Linux would
lose the confidence of the wider Internet community, which in turn would significantly impair VM
Linux's customers freedom to use the Internet.
This AUP and its day-to-day application by VM Linux are a result of VM Linux's consideration of
both the formal and informal practices of the Internet community.
The Appendices to this AUP are intended to assist customers in understanding the types of issues
that can arise and what VM Linux will consider to be unacceptable behaviour that does not
conform to community standards.
We will investigate suspected or alleged breaches of this AUP and in doing so we will endeavour to
act reasonably and fairly at all times. If you are found to have breached this AUP or the Conditions
of Use or Terms and Conditions that apply to your service, we reserve the right in our sole
discretion to take whatever measures we deem appropriate and proportionate to the breach.
These measures may include a formal warning, suspending or terminating one or more of your
accounts, making an additional charge for our reasonable costs of investigating and dealing with
the misuse, and/or blocking access to any relevant component(s) of our service to you. If we
suspend your access then this suspension may be lifted, at VM Linux's sole discretion, when the
reason for suspension has been rectified and upon receipt of a formal written undertaking from
you not to commit any future "abuse". All cases are, however, considered individually upon their
merits.
Without limitation, you expressly authorise us to use your personal data and other account
information in connection with any such investigation, including by disclosing it to any third party
whom we consider has a legitimate interest in any such investigation or its outcome.
We have in place a procedure for handling your complaints about material stored and/or accessed
via our service. If you wish to make such a complaint, please ensure that you make your complaint
by email to abuse@clustered.net. If you do not use this facility we cannot guarantee that your
complaint will be dealt with promptly.
The appendices refer in some cases to external web sites. VM Linux is not responsible for the
content of these web sites.
If you need any further information regarding this AUP, then please email abuse@clustered.net
APPENDIX A: GENERAL INTERNET ACCESS:
Some material is illegal to possess or transmit. You should also be aware that unauthorised
access to computer systems could be an offence. Although many machines are connected
to the Internet for general access, it does not follow that you may access any computer
system you come across.
Whilst connected to the Internet your system must conform to all relevant IETF (Internet
Engineering Task Force) standards.
The IETF standards are a subset of the RFC (Request for Comments) collection and can be
found at: ftp.demon.co.uk/pub/mirrors/internic/rfc/std/
You must not send information packets onto the Internet that have forged addresses or
which are deliberately constructed so as to adversely affect remote machines.
You may not run "scanning" software which accesses remote machines or networks, except
with the explicit permission of the operators of those remote machines or networks.
You must ensure that you do not further the sending of unsolicited bulk email or any other
form of email or Usenet "abuse". This applies to both material that originates on your
system and also third party material that may pass through it.
Your machine or network must not be configured in such a way that others can exploit it to
disrupt the Internet. This includes but is not limited to ensuring that your network cannot
be exploited as a "smurf amplifier".
You must not run an "open mail relay", that is, a machine which accepts mail from
unauthorised or unknown senders and forwards it onward to a destination outside of your
machine or network. If your machine performs relay mail on an authorised basis, then it
must record this mail passing through your system by means of an appropriate "Received:"
line.
As an exception to the ban on relaying, you may run an "anonymous" relay service
provided that you monitor it in such a way as to detect unauthorised or excessive use.
However, you may not relay traffic from such an anonymous system via VM Linux's servers,
i.e.: you can only pass email from such a system to VM Linux where this is the correct
destination for final delivery.
APPENDIX B: EMAIL
There are many forms of email abuse. This appendix discusses the more common forms in an
informal manner, but is by no means an exhaustive list
It is usual to describe "abuse" as being abuse of Internet facilities, rather than vulgar abuse sent
via the Internet. To qualify as "abuse", an act must significantly interfere with the use of the
network by an individual or group of individuals in some specific way, for example by consuming
resources or wasting others time. The term "abuse" also includes activities that are illegal or
dishonest.
Generalities aside, due to the practical problems caused by "spamming" VM Linux wishes to make
it clear that it considers the sending of bulk unsolicited email, of any kind, to be unacceptable
behaviour. VM Linux will always act when such behaviour is brought to its notice. Education, in the
form of an email warning, can be the most appropriate response to a first offence, since customers
can be unaware of contemporary standards. However, it is VM Linux’s policy to terminate the
accounts of any customer who continues to send bulk unsolicited email.
Chain letters, "make money fast" and other ponzi pyramid-selling schemes
These articles are similar to paper versions, where you add your name at the end of a list and
send the message to lots of your friends. The person at the head of the list is typically sent some
small amount of money and hopes to become rich. Simple mathematics shows why they do not
work in theory, and a little thought about human nature will show you why they do not work in
practice either.
These schemes, even where they offer no financial or material reward are unacceptable abuse.
They waste resources for Internet service providers and for the users who download them. If they
do involve money they are also illegal in many countries - despite common claims to the contrary
within their text.
Unsolicited Commercial Email (UCE)
Unsolicited Commercial Email is advertising material sent and received by email without the
recipient either requesting such information or otherwise explicitly expressing an interest in the
material advertised.
Since many Internet users use a dial-up connection and pay for their online time, it costs them
money to receive email. Receipt of unsolicited commercial advertising therefore costs them money
and is often therefore particularly unwelcome.
It should be noted that a user has not expressed an interest by the mere act of posting a news
article in any particular newsgroup, or by visiting a web site, unless of course they have made a
specific request for information to be emailed to them.
Unsolicited Bulk Email (UBE)
UBE is similar to the above UCE but is not attempting to sell anything.
Forged Headers and / or Addresses
Forging headers or messages means sending email such that its origin appears to be another user
or machine, or a non-existent machine.
It is also forgery to arrange for any replies to the email to be sent to some other user or machine.
However, in either case, if prior permission has been granted to you by the other user or the
administrators of the other machine, then there is no problem, and of course "null" reverse paths
can be used as defined in the relevant email standards.
Mail Bombing
Mail bombing is the sending of multiple emails, or one large email, with the sole intent of annoying
and / or seeking revenge on a fellow Internet user. It is wasteful of shared Internet resource as
well as serving no value to the recipient.
Due to the time taken to download it, sending a long email to sites without prior agreement can
amount to denial of service, or denial of access to email at the receiving site. Note that adding
binary attachments to email may increase its size considerably. If prior arrangement has not been
made, the email may be extremely unwelcome.
Denial of Service Attacks
Denial of Service is any activity designed to prevent a specific host on the Internet making full and
effective use of its facilities. This includes, but is not limited to:
Mail bombing an address in such a way to make their Internet access impossible, difficult, or costly.
Opening an excessive number of email connections to the same host.
Intentionally sending email designed to damage the receiver's systems when interpreted; for example, sending malicious programs or viruses attached to an email.
sing a smarthost or email relay without authorisation to do so.
Mailing List Subscriptions
Mailing lists are schemes for distributing copies of the same email to many different people. It is
not acceptable to subscribe anyone, other than a user on your own host, to any mailing list or
similar service, unless their explicit permission has been given.
List owners are encouraged to confirm all subscription requests by requesting confirmation from
the apparent subscriber before starting to send any list email. They must ensure that unsubscribe
requests are handled efficiently. Good emailing list software is available that will automate both
these processes.
Many reports of unsolicited bulk email turn out to be from people who were unaware that they had
joined a mailing list. It is not acceptable to subscribe people to a list merely because they have
visited your web site or used one of your products; the person must make an explicit request to be
listed.
However, some reports occur because people have genuinely forgotten that they had made such a
request. If you run a mailing list you are strongly advised to keep copies of administrative requests
(web logs, or emails including headers) so that you may demonstrate that subscription requests
were genuine.
Illegal Content
Various Acts of Parliament make it illegal to possess or transmit certain material on a public
telecommunications network, such as the telephone system. It is not acceptable to send such
material by email.
Breach of Copyright or Intellectual Property
If you send copyright material or other intellectual property via email you must have permission to
do so from the owner of that intellectual property.
APPENDIX C: CUSTOMER WEBSITES
This Appendix is applicable to all services provided by VM Linux. There are some further
Appendices applicable to particular services below.
You are responsible in all respects for the content of your web site and must ensure that no
applicable law is violated.
You must obtain any necessary legal permission for any works that your web site may include.
You will be held responsible for and accept responsibility for any defamatory, confidential, secret or
other proprietary material available via your web site.
VM Linux reserves the right to remove any material from a web site at our sole discretion, without
prior notice and without explanation.
A web site may not be used to offer, advertise or distribute any of the following types of material:
software for sending 'spam' (bulk emails, excessive news postings, etc.);
illegal material
lists of email addresses, except where all the owners of the addresses have given you explicit permission
any collection of personal data other than in accordance with the Data Protection Acts 1984 and 1998.
You must comply with the Data Protection Acts 1984 and 1998 (and any amendments or re-
enactments of them) regarding all information received, stored or communicated through the use
of your web site.
If your web site contains material that may cause general offence, a clearly readable warning page
must be shown before any such offensive material is displayed.
To avoid doubt, this means that your top-level web page (usually index.htm or index.html) must
not contain any adult material or other material that may generally offend. Where part of a web
site forms an independent area that is not linked to by a topmost page, it will be considered as a
site in its own right when considering whether appropriate warnings are present. Warnings are
also required where the material is referenced directly from a web site, with no intervening pages,
or where the use of frames makes the material appear to be part of a web site.
All of the web pages on a web site are considered to be publicly visible and may be downloaded by
any person, whether or not they are linked from any central contents or home page. However,
specific mechanisms are available as part of some services to prevent unauthorised access. Pages
protected in such a manner will not be considered to be public.
Web sites may not be advertised by you, or by another person, using techniques that would be
classified as "abuse" if they were carried out from a VM Linux account including, but not limited to,
bulk emailing and excessive news posting. Such action will be treated under the VM Linux AUP as if
it had been done from the VM Linux account.
Web sites must display a valid, up-to-date email contact address for the person responsible for the
site. The use of the generic address of "webmaster" is acceptable for this purpose. This address
must appear on the top-level page or be easily locatable from the top-level page.
