Acceptable Use Policy (AUP)

This is an English translation for convenience. In case of discrepancy, the Spanish version prevails.

This Acceptable Use Policy (the “AUP”) describes prohibited uses and acceptable practices related to the use of the network of internet properties, online platforms, websites, applications, products, materials, and online services (collectively, the “Services”) of Hostednode SpA under theHostedNode brand (“HostedNode”, “we”, “our”), by customers and users who have obtained access to the Services by visiting, contracting, and/or registering accounts (collectively, “you”, “customers”, or “users”). The Services must be used in accordance with their intended purpose and with the terms of the applicable agreement with HostedNode, including the Terms of Service (the “TOS”), into which this AUP is incorporated by reference.

The examples described in this AUP are not exhaustive. We may modify this AUP at any time by publishing a revised version on the Services. By using the Services, you agree to be bound by the latest version of this AUP. Terms not defined herein have the meaning set out in our TOS. You agree to comply with this AUP and to require that your end users also comply with it. If you violate this AUP or authorize or assist others to do so (including your end users), we may suspend or terminate your use of the Services and delete your account.

1. Illegal, harmful, or offensive content or uses

You may not use, nor encourage, promote, facilitate, or instruct others to use, the Services for illegal, criminal, unlawful, harmful, fraudulent, infringing, or offensive purposes, nor to transmit, store, display, distribute, or make available information or content (including user content) that is illegal, unlawful, harmful, fraudulent, infringing, or offensive. Prohibited activities or content include (without limitation):

• Illegal, harmful, or fraudulent activities. Any illegal or unlawful activity that infringes the rights of third parties or that may harm others, our operations, or our reputation, including the dissemination, promotion, or facilitation of child pornography; the offering or dissemination of fraudulent goods, services, schemes, or promotions; get-rich-quick, Ponzi, or pyramid schemes; phishing or pharming.
• Infringing content and/or infringing use. Content that infringes or misappropriates the intellectual property or proprietary rights of third parties, including unauthorized disclosures of private information, or the taking of information directly from HostedNode and/or our users for personal or commercial use without permission or proper attribution.
• Offensive content. Content harmful to minors in any way, defamatory, libelous, obscene, abusive, threatening, discriminatory, harassing, invasive of privacy, false, intentionally misleading, patently offensive, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, depicts non-consensual sexual acts, or promotes racism, intolerance, hatred, religious intolerance, misogyny, or physical harm of any kind against any group, individual, or animal.
• Harmful content. Content or other computer technology that may damage, interfere with, intercept surreptitiously, or expropriate any system, program, or data, including viruses, Trojans, worms, time bombs, or cancelbots.
• False content. Sending content or information that falsely states, impersonates, or otherwise misrepresents your identity, including misrepresentation of your current or prior qualifications, or of your ties to a person or entity, past or present, or assuming the identity of another person.

2. Security violations

You may not use the Services to compromise the security or integrity of any network, computer, communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

• Unauthorized access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System, or to breach security or authentication measures.
• Interception. Monitoring data or traffic on a System without permission.
• Forgery of origin. Forging TCP/IP packet headers, email headers, or any part of a message that describes its origin or route.

3. Abusive or improper use

You may not establish network connections with users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include (without limitation):

• Monitoring or crawling. Monitoring or crawling a System in a manner that impairs or disrupts the monitored or crawled System.
• Denial of service (DoS). Flooding a target with communication requests so that it cannot respond to legitimate traffic or responds so slowly as to be ineffective.
• Intentional interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system through mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of certain network services. Operating network services such as open proxies, open mail relays, or open recursive DNS servers.
• Circumventing system restrictions. Using manual or electronic means to circumvent usage limitations imposed on a System, such as access or storage restrictions.
• Excessive CPU use. If any instance uses CPU excessively for periods longer than 10 minutes, where resources were not explicitly indicated as dedicated, HostedNode reserves the right to restart the server that produces the abusive use and/or to limit its CPU use in order to maintain consistent and stable performance of the physical nodes. Note that for virtual servers or VPS, CPU cores are fair-share and not dedicated.
• Excessive network use. For any service where the customer has not contracted a dedicated link, the allocation of maximum bandwidth use is not dedicated; therefore virtual servers or VPS must not sustain use greater than 10% of the link for periods longer than 30 minutes; if they do, HostedNode reserves the right to limit the internet access speed or bandwidth of the virtual server or VPS to ensure network stability. Customers who have contracted metered traffic in TB of transfer or dedicated links are excluded from this measure.

4. Authorized use

You agree to (i) comply with this AUP, (ii) comply with all laws and regulations applicable to you or your use of the Services, including, without limitation, criminal, privacy, intellectual property, export control, and tax laws and regulatory requirements of your industry; and (iii) use the Services in a professional manner.

5. Monitoring and enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may:

• investigate violations of this AUP or misuse of the Services;
• review any user content, and remove, disable access to, or modify any content or resource (including user content) that violates this AUP or any other agreement we have with you for the use of the Services;
• monitor prohibited actions, investigate, and/or take such measures as we deem appropriate in our sole discretion.

If you violate this AUP or any other provision of the TOS, or create liability for us or for any other person, including reputational harm, we may (without limitation) and in addition to the foregoing, terminate or suspend your account, your access to any or all of the Services and related services, or any part thereof, at any time, with or without prior notice, for violating this AUP. We may also take legal action to enforce our rights and/or report you to competent authorities, regulators, or other appropriate third parties. PLEASE NOTE THAT WE COOPERATE WITH THE AUTHORITIES AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITIES.

Our reports may include the disclosure of relevant customer information. We may also cooperate with competent authorities, regulators, or other appropriate third parties to assist in the investigation and prosecution of illegal conduct, by providing information related to alleged violations of this AUP.

HostedNode does not control or endorse the content, messages, or information found on the Services and, therefore, HostedNode expressly disclaims any liability with respect to the Services and actions arising from your participation in any Service. HostedNode shall have no obligation to retain any content after termination of the Services.

6. Examples of prohibited activities

The Services are designed to allow you and your end users to communicate with others over the Internet. You agree to use the Services (and to require that your users use them) solely to post, send, and receive appropriate messages and material and, where applicable, related to the particular Service. By way of example, and without limitation, you agree that, when using a Service (you or your end users), you will not:

• Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk mail, spam, or duplicate or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of third parties (such as rights of privacy and publicity).
• Publish, upload, distribute, traffic in, or disseminate defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
• Publish, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hatred, violence, or terrorism toward a person or group because of their race, religion, or nationality.
• Upload files containing images, photographs, software, or other material protected by intellectual property laws, unless you own or control the rights or have obtained all necessary consents.
• Use material or information available through the Services in a manner that infringes copyright, trademark, patent, trade secret, or other proprietary rights of third parties.
• Upload files containing viruses, Trojans, worms, time bombs, cancelbots, corrupted files, or other similar software that may damage the property of third parties.
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in that manner.
• Falsify or remove author attributions, legal notices, or other designations of origin or source of software or other material contained in an uploaded file.
• Restrict or inhibit another user from using and enjoying the Services.
• Violate any code of conduct or other guidelines applicable to a particular Service.
• Harvest information about third parties, including email addresses, except as necessary to operate your site and as permitted in your privacy policy (if any).
• Violate any applicable law or regulation.
• Create a false identity for the purpose of misleading third parties.
• Host TOR exit nodes.
• Use, download, or otherwise copy, or provide (whether or not for a fee) to any person or entity, a directory of users of the Services or other user or usage information, or any part thereof.
• Use network probing tools or port scanning without express authorization from the destination host and/or network.
• Use bots to acquire merchandise repeatedly and/or automatically or similar activities that violate third-party TOS and may result in blocking of HostedNode’s IP space or ASN.
• Use autodialers or other VoIP-based robocall software.
• Use or deploy HostedNode services to offer DoS/DDoS mitigation as a service.
• Use the Service for cryptocurrency mining with CPU (central processing unit) or GPU (graphics processing unit).
• Improperly use the bring-your-own-IP (BYOIP) function or BGP routing for hijacking, parking, or other use not directly related to a legitimate service or not proportional to the HostedNode services deployed.

7. Anti-spam policy

The HostedNode website adopts the following Anti-Spam Policy, which is integrated into this AUP. This policy applies to all websites and online properties operated by Hostednode SpA under the HostedNode brand. HostedNode maintains a strict “zero spam” policy. We will not benefit from spam nor allow third parties to do so. HostedNode will terminate any relationship with entities that produce illegal spam and will cooperate with the authorities so that illegal spammers are prosecuted to the fullest extent of the law.

7.1. Scope of application

• Who must read and comply with this policy: if you maintain any relationship with HostedNode, you must read and comply with this policy in full as a condition of the continuation of that relationship.
• Parties to whom it is addressed: Hostednode SpA, trade name HostedNode (“HostedNode”, “we”); affiliates or members of the website; and any other affiliate, employee, contractor, or agent (“affiliate” or “you”) of HostedNode.

7.2. Zero tolerance for unsolicited commercial email

We consider the dissemination of unsolicited commercial email (i.e., “spam”) strictly prohibited. Although the laws of certain countries allow the dissemination of unsolicited bulk email under strictly regulated conditions, we have opted for a stricter policy of total prohibition of spam for all users/customers of all our service types. This means that HostedNode’s direct customers or those through a third party (resellers) are prohibited from sending spam (through any electronic means that uses HostedNode infrastructure), unsolicited bulk email, or marketing.

Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and loss of unpaid commissions or the right thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without prior notice.

7.3. Additional information

HostedNode may suspend any instance that it considers to be transmitting or linked to spam or other unsolicited bulk email, pending investigation and resolution in cooperation with the account holder.

Inquiries or comments about this Anti-Spam Policy should be directed to contacto@hnd.cl.

8. Reporting violations of this AUP

If you become aware of any violation of this AUP, you will notify us immediately and provide the assistance we request to stop or remedy the violation. To report any violation of this AUP, write to contacto@hnd.cl with as much detail as possible (URLs, logs, timestamps). If you are a customer, you may also open a ticket at portal.hnd.io.

9. Changes to the AUP

HostedNode may update this policy by publishing a revised version on the website. Continued use of the Services after publication implies acceptance of the latest version, together with the provisions of the TOS.