# V.PS Acceptable Use Policy

# Purpose and introduction of the AUP

This document sets forth the principles, guidelines and requirements for acceptable use of xTom Services by the Customer. The Purpose of xTom's Acceptable Use Policy (hereinafter referred to as the AUP) is to comply with all Estonian Republic laws, ensure network security and availability, maintain Customer privacy, and regulate other factors affecting the provision of Services.

xTom reserves the right to impose a list of rules and restrictions regulating use of Services by Customers. The latest version of this list is always available at the xTom Website: https://v.ps/aup/ (opens new window).

The AUP is neither an exhaustive, nor an all-inclusive list. xTom reserves the right to amend the AUP at any time should the need arise. Amendments take effect once the amended AUP is uploaded on the Website at https://v.ps/aup/ (opens new window) or when the relevant notification is sent to Customers via e-mail.

Any violation of the AUP may result in the suspension or termination of Services provided to the Customer, or in other actions that xTom deems appropriate.

No credits will be issued for Service suspensions or terminations resulting from AUP violations.

# The following activities are expressly prohibited:

  1. Spam / e-mail marketing

xTom has a zero tolerance policy towards spam, junk mail, and unsolicited commercial e-mail. The latter is defined as follows: sending the same, or substantially similar, unsolicited electronic mail messages, to more than one recipient.

A message is considered unsolicited if it is sent to a recipient who has not requested or otherwise asked to be sent the message, or is posted in violation of a forum or newsgroup charter, except if the recipient is a legal person’s general e-mail address associated with that legal person’s domain. It is absolutely forbidden to send messages to addresses registered with paid service providers (Gmail, Hotmail, etc.), even if the e-mail address is registered as an official e-mail address in the commercial register.

This prohibition also applies to deceptive e-mail headers and incorrect contact information.

It is furthermore forbidden to conduct unsolicited mass e-mailing with other service providers in a way, which would leave the impression that xTom is associated with such activity, regardless of whether the message originated from our network.

Unblocking. If the Customer’s actions result in the blacklisting of xTom’s e-mail servers or xTom’s IP ranges, or otherwise in their registering with another e-mail filtering software used by companies online, a one-time 50 € + 50 € hourly charge will be added to the Customer’s invoice for the time our administrators spend removing our e-mail servers and IP ranges from blacklists and defending them.

Mass e-mailing. Unsolicited mass e-mailing is considered to be spamming. Unsolicited e-mail is defined as e-mail sent to natural persons who have not expressly opted in to mailings from the xTom Customer. Mass e-mailers must maintain complete and accurate records of all natural persons who have opted into receiving e-mails from them. All records of each natural person opting in to mailing need to be recorded (including all relevant e-mail messages and their headers) and presented to xTom at xTom’s request.

If the Customer is unable to present verifiable evidence, the recipient’s complaint will be considered proof that they have not opted in to the mailing and, therefore, it was unsolicited.

Mailing lists and newsletters. The mass mailing restrictions also apply to mailing lists and newsletters. Mailing list and newsletter postings are only permitted if they are targeted at a specific group, who have expressly opted into receiving them or have made their e-mail address available to the Customer expressly for the purpose of sharing information. The mailing list or newsletter must enable automated unsubscription, after which it must be guaranteed that no more e-mails are sent to that e-mail address.

  1. Hacking and abuse of security flaws

  2. Unauthorized accessing of any server or system, including accessing or scanning others’ xTom accounts.

  3. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene or abusive.

  4. Child pornography or any other activity potentially harmful to minors. The use of xTom Services for storing, posting, displaying, transmitting, advertising or otherwise making available child pornography is prohibited. xTom will immediately notify the police if it becomes aware of the presence of child pornography on, or being transmitted through its network.

  5. Fraud

  6. Violation of privacy

  7. Infringement of intellectual property, including copyright, trademark and patent infringements and the hosting, use, and distribution of pirated software.

  8. Use of third party software without proper license or permission.

  9. Network attacks or any attempts to interfere with services or servers on another network.

  10. Dissemination of viruses, malware or other malicious code.

  11. Any illegal activity like fraud, phishing, spamming, flooding or scanning within our network. Including but not limited to access to other computers, networks, devices, accounts without authorization, transmission, ditribution or storage information, data or material that in violation of laws and regulations of Estonia and your country, in violation of copyright, trademark, trade secret, or other intellectual property rights. Such activities are strictly prohibited and may result in immediate service suspension or termination without refund.

  12. Use of Internet Relay Chat (IRC). IRC servers that connect to global IRC networks will be considered to be in violation of the AUP.

  13. If a Customer’s Service attracts DoS or DDoS attacks, which disrupt or deny service to other Customers, xTom will terminate that Client’s Service to maintain the quality of service for other Customers on the xTom network.

# Adult content:

xTom does not allow ANY adult related content to be hosted on its servers.

# Proxies and VPN:

Public Tor / Open Proxy / Anonymous Proxy of any kind is strictly prohibited as such service often lead to illegal activities.

# Resellers:

Service resellers are liable for their customers’ conduct. By agreeing to this AUP, the resellers also agree to ensure that their customers follow the AUP. Resellers must notify their customers of the terms of the AUP and of the consequences of violating these terms.

# Investigations, suspensions, and security

xTom reserves the right to suspend or terminate service and/or remove content in order to investigate potential violations of the terms of this AUP.

xTom reserves the right to suspend Service provision to a Customer if there is reasonable suspicion that the Service is targeted by an attack or otherwise disrupts Service for other Customers, even if the Customer is not at fault.

xTom will not make refunds for service suspensions associated with violations of the AUP by the Customer.

The Customer is liable for the use of their Service, even if such use was conducted by unauthorized persons or hackers.

The Customer is responsible for maintaining the security of their data and user accounts (including updating software and making and storing backups).

# Reporting of AUP violations

xTom requests anyone with any information regarding AUP violations to report it immediately by sending an e-mail to abuse@xtom.com.

If you detect infringement of your intellectual property, e.g. a copyright, trademark or patent, you should contact the infringing party and request that they remove the content immediately. If the infringing party refuses to cease infringement or does not reply to your request within a reasonable term, you should notify xTom at abuse@xtom.com. Be sure to add to the reporting e-mail any information regarding your previous attempts to contact the infringing party, and any results thereof.

Furthermore, please add information regarding infringing materials hosted on our servers (Name of material and its domain or IP address). Furthermore, append official proof that you are the owner of the intellectual property.

All intellectual property reports that do not comply with the above requirements will be ignored by xTom.