Terms of Service (ToS) & Acceptable User Policy (AUP)
This is a contract between us EuShells.com the provider (from now of referred to as "us", "EuShells.com", "we" and "the/our service") and you the customer (from now of referred to as "you" and "the customer"). EuShells.com is a shellprovider and all users of the services we provide are subject to the terms and conditions stated in this document. By using any part of the service we provide, you agree that you have read, fully understand, and agree to abide by these Terms of Service and Acceptable User Policy in full.
1. Acceptable User Policy (AUP)
EuShells.com's servers and equipment are to be used for legal purposes solely. The service may not under any circumstances be used for, including, but not limited to:
Warez (illegal or non-paid material).
Harassment (Usage of the service to transmit any material (by email, uploading, posting, sending or otherwise) that harasses other).
Unsolicited commercial email/Unsolicited bulk email (spam) (Usage of the service to transmit any unsolicited commercial or unsolicited bulk email is prohibited. Violations of this type will result in immediate termination of the customer's account).
Fraudulent activity (Use of the service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes", and "chain letters").
Threats (Use of the service to transmit any material (by email, uploading, sending, posting or otherwise) that threatens or encourages bodily harm, destruction of property or similar kind.
Forgery or impersonation (Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does however not constitute impersonation).
Email/News Bombing (Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the customer's account).
Email/Message Forging (Forging any message header, in part or whole, of any electronic transmission, originating or passing through the service).
Network disruptions and unfriendly activity (Use of the EuShells.com service for any activity which affects the ability of other people or systems to use the service or the Internet. This includes "Denial of Service" (DoS), or taking part in "Distributed Denial of Service" (DDoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the customer's responsibility to ensure that their software is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network or service for illegal or inappropriate actions. EuShells.com will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems as well as our systems, whether or not the intrusion results in corruption or loss of data).
Fraud (Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it).
Breaking Copyrights, Patents, Trademarks, or Intellectual Property Rights (Distribution and/or posting of copyrighted material).
Inappropriate use of software (Use of software or any device that would facilitate a continued connection, i.e. pinging, while using the service could result in suspension of the customers service/account).
Distribution of viruses (Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the customer's account).
Third-Party accountability (EuShells.com's customers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines stated within the AUP).
Uploading binaries as well as storing them for malicious purposes (Uploading binary or source code to EuShells.com's servers with intent to use them maliciously (i.e. ping flooding, DoS attacks etc), whether an act of malicious behaviour is carried out or not. Such an offence will result in immediate termination of the customers account).
Your account (When your account is added on the system, it is an empty folder. No software will be pre-installed. However, we reserve the right to install software for a customer if we wish to).
Service termination (We reserve the right to delete any/all accounts on our servers, for whatever reason we deem appropriate. A refund is at the sole discression of EuShells.com).
Account sharing (i.e. giving trusted friends your account password) is allowed ONLY when the third parties who shall be accessing the customer's account give the following details to EuShells.com (The information should be emailed to firstname.lastname@example.org prior to accessing the customer's account):
Address 1 (House number and/or street number)
Address 2 (Any additional information regarding Address 1)
Fully functional email address
City and/or town
This is to ensure that we have all information of any third-party which will be accessing a customer's account, so if any abuse occurs etc, we have all contact information needed. If it comes to our attention that third-party has accessed customer's account without prior permission and authorisation from a member of staff, then customer's account will be suspended pending investigation and EuShells.com is under no obligation, legally or otherwise, to give refunds or re-activate the account.
Regarding bouncer shells, the customer pays not fo each background proces but each user. Certain bouncer software are multi-user and can supply bouncers for over 100 individual users. You are allowed to use such multi-user programs, however if found hosting more users than allowed will lead to account suspension or in extreme cases immediate account termination without prior notice.
2. Terms of Service (ToS)
EuShells.com agrees to provide services to the customer subject to the following Terms of Service (ToS):
Disclosure to Law Enforcement (The AUP specifically prohibits the use of our service for illegal activities. Therefore, customer agrees that EuShells.com may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the customer. In addition EuShells.com shall have the right to terminate all service set forth in this Agreement).
Service Rates (Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the customer. The customer is aware that we may prospectively change the specified rates and charges from time to time.
Payment (If an account is due to payment date EuShells.com reserves the right to suspend or terminate the customer's account. It is up to the customer to pay in time).
Suspension of service or cancellation (EuShells.com reserves the right to suspend account/server access to any customer if in the judgment of the EuShells.com network administrators the customer's server/service is the source or target of the violation of any of the other terms of the AUP and/or ToS or for any other reason which EuShells.com chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines/accounts were suspended).
Refund (If a customer requests a refund for any unused time they have paid for, it is at the sole discression of EuShells.com whether a refund will be issued or not).
Account cancellation (All requests for cancelling accounts must be made in a written state with at least 15 days notice but no more than 60 days prior written notice and sent to email@example.com - you must have all account details to cancel an account. The customer is not allowed to cancel an account by just stopping payment. Upon doing so the customer will be encouraged to pay the missing payments as well as any charges that might have come up due to lack of payment.
Abuse (Any violations of this agreement, which results in EuShells.com incurring any costs whatsoever from the customer's actions/abuse will result in the customer being liable to reimburse any costs incurred by EuShells.com from the customer's actions).
Resource misuse (Any abused bandwidth and/or resources (including, but not limited to CPU usage, RAM, harddisk space etc) i.e. running processes over your limit, will result in the customer being liable to pay any and all costs EuShells.com feels are necessary.
3. Violations of this agreement
If you believe there has been a violation of this document by an EuShells.com customer, then please send an email to firstname.lastname@example.org including all relevant information.
We reserve the right to change, delete or modify, in any way, the content of this document without prior notice. Any changes to this document become legally binding when a copy of the updated ToS and AUP becomes active at http://www.eushells.com/?id=12. You may request a written copy of this agreement by telephoning us, writing, or emailing. See the contact page for all contact methods.
This document was last changed at the 18th of February, 2006 to reflect new link of policy.