Being updated

The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the number of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.

Public Network: The primary purpose of the Delain Hosting Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below.

Security Services: The primary purpose of the Delain Hosting standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. Delain Hosting also monitors all aggregate network traffic via router netflow/sflow statistics for traffic analysis. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP as set forth below.

Server Content: Delain Hosting does not actively monitor dedicated server content for review. Delain Hosting believes in the free dissemination of information via our services. Server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on Delain Hosting servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP as set forth below.

DNS Services: Delain Hosting supplies redundant domain names services for all Customers purchasing services. These services include the use of authoritative name servers for public resolution of domain names. The DNS services are fully managed and maintained by Delain Hosting with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, Delain Hosting will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below.

IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by Delain Hosting. IP Addresses are non-transferable from Delain Hosting, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Delain Hosting engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below. All IP Addresses are currently registered to Delain Hosting via ARIN, RIPE and upstream assignments. Private IP assignments are available to qualified Customers. Delain Hosting offers clients additional IP addresses at an additional monthly fee. Delain Hosting reserves the right to refuse additional allocations for any reason.

IRC: Delain Hosting allows the use of private Internet Relay Chat (IRC) servers for communication among private parties. Delain Hosting absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below.

Peer to Peer: Delain Hosting does not allow the use of internet Peer-to-Peer software for file sharing purposes. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below.

Bit Torrent and Point-to-Point Software: Delain Hosting does not allow the use of Bit Torrent and Point-to-Point (“P2P”) software protocols on the public network. Violation of the Bit Torrent and Point-to-Point Software policy shall trigger the Methods of Resolution under this AUP as set forth below.

The following list represents per se direct violations of this AUP and will be subject to immediate redress under one or more of the Methods of Resolution as described in this AUP and as set forth below.

1. Copyright and Trademark Infringement: Direct copyright infringement (as defined and noted under Title 17, Section 512 of the United States Code) and trademark infringement are direct violations of Delain Hosting’s AUP. Please refer to DMCA copyright infringement requirements at http://www.delainhosting.com/legal for filing complaints or counter notifications related to copyright claims.

2. Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of Delain Hosting’s AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.

3. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of Delain Hosting’s AUP.

4. Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of Delain Hosting’s AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

5. UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of Delain Hosting’s AUP. This includes UseNet services located within the Delain Hosting network or unrelated third party networks.

6. Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Delain Hosting’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities.

7. Child Pornography: Delain Hosting has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Delain Hosting’s AUP.

8. Threats & Harassment: The Delain Hosting network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment of the United States Constitution. Delain Hosting seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

9. Fraudulent Activities: Delain Hosting prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Delain Hosting’s AUP.

10. Denial of Service: Delain Hosting absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Delain Hosting’s AUP.

11. Terrorist Websites: Delain Hosting prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

12. Distribution of Malware: Delain Hosting prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Delain Hosting analyzes the latest root kit for new security analysis/software.

13. Phishing: Delain Hosting strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

14. HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Reporting Violation of the Acceptable Use Policy: Delain Hosting accepts reports of alleged violations of this AUP via email sent to security@delainhosting.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Unless otherwise required by law, such as the DMCA, Delain Hosting owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Delain Hosting will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth below or within its sole discretion.

Methods of Resolution for Violations of Delain Hosting’s Acceptable Use Policy

Delain Hosting understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staffs are dedicated to working with the Customer in resolving potential violations, and are available via ticket. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Delain Hosting is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

1. First Alleged Violation of AUP: a ticket will be generated under the Customer’s master user with information related to the potential violation of the AUP.

2. Acknowledgement of violation of AUP: the ticket will include any related facts or information needed to resolve the violation.

3. Violation of AUP disregarded, not properly addressed, continued violation or repeated violation: Delain Hosting will turn off your services. The Customer will be required to contact Delain Hosting to resolve the issue.

4. Failure to address violation or resolve violation: If Customer fails to address the violation and fails to resolve the violation, a termination of services shall occur upon the next billing renewal date. The services will remain suspended and unavailable to the Customer.

Disclosure of Customer Information: Occasionally, Delain Hosting is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. Delain Hosting utilizes great care in keeping Customer information safe and private and will only release information described in the subpoena or order. Delain Hosting will notify Customer of the information request as, and if, allowed by the subpoena or order.

Reporting Violation of the Acceptable Use Policy: Delain Hosting accepts reports of alleged violations of this AUP via email sent to security@delainhosting.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Delain Hosting owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Delain Hosting will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth above below or within its sole discretion.

• Disclaimer – Delain Hosting retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Delain Hosting also retains the right to discontinue service without notice.

Internet user privacy and confidentiality is important to Delain Hosting llC The purpose of this policy is to explain how we use any personal information we collect about you when you use this Website ("https://www.delainhosting.com") and any subdomains (hereafter referred to as the "Website") or interact with a member of staff. We want you to be assured that we make every effort to respect your personal and financial privacy. In addition to our Privacy Policy, your use of the services is governed by our Terms of Service, which govern in the event of any conflict with this Privacy Policy.
Contents

  How does Delain Hosting llC collect information from you?
  What information do we collect about you?
  How does Delain Hosting llC use the information it collects?
  Use of Cookies
  Users aged 16 and under
  Where is your data stored?
  Security of Data
  Access to your information and correction
  Links to Other Sites
  Third party data processors that Delain Hosting llC use
  Data controller
  Changes to our Privacy Policy

How does Delain Hosting llC collect information from you?

Delain Hosting llC collects information from you when you send it to us directly by filling out forms on the Website (including any application you may make for services). We also collect information from you when you browse the Website and use the software as set out in detail below.

At the time of sign up for a free trial or purchase of our software, the legal basis for processing your email address is your consent.

Once anything or service is purchased, all data described below is processed for the purpose of Delain Hosting llC s legitimate interests to provide customer support, to protect the security of your account, license your Delain Hosting llC software and to provide you with important information and updates.
What information do we collect about you?
Information collected from the Website

Delain Hosting llC may collect information from you which may be personally identifiable such as personal names, telephone numbers, physical addresses, email addresses, credit card numbers (in the case of direct customers) and, if applicable, company name, contacts, telephone numbers, physical addresses, email addresses, credit card numbers or other payment information, as well as similar information concerning technical contacts, marketing contacts, and executive contacts within your company or organization.

Delain Hosting llC may also collect information from you such as the type of browser you use, your operating system, the screen resolution of your browser, your ISP, your IP address, which pages you view on the Website and the time and duration of your visits to the Website.
User Communications

If you communicate with us, we collect information relating to that communication whether it takes the form of email, forum posting, testimonials or any other form of communication between you and Delain Hosting llC or submitted by you to the Website (collectively, "User Communications").
Server Information

If you use our sevices, products or support we may collect information concerning the server upon which the sevices, products or support operates. This information includes the sevices, products or support and information about the server upon which the sevices, products or support is installed.
How does Delain Hosting llC use the information it collects?

Delain Hosting llC processes the information visitors provide about themselves for the legal basis of legitimate interest to fulfil those visitors’ requests, including the provision of sevices, products or support, provide you with customer and technical support and to communicate with you about your account and our products and services. You may update your personal Information with us or ask for removal (if no longer an active customer), otherwise we may maintain records of personal Information you disclose to us indefinitely.

Delain Hosting llC may use collected information to maintain, evaluate, improve and provide our Website, to track your movements, analyse broad trends such a geographical location and by such improve our quality of service. We process your browser version to detect trends on what browsers people prefer. We may from time to time share information gathered in this way with our partners. This information is not linked to any personal information that can identify any individual person. We may retain collected information indefinitely.

We will not sell or rent this information to third parties, we may use the details you supply and upload to a third party data processor as defined below.

We may maintain records of User Communications you transmit to us indefinitely.

We may use Server Information to provide you with technical support services and to maintain and improve our services. We may also use such information to investigate unpaid (and therefore unauthorised) uses of our sevices, products or support. We may maintain server information indefinitely.
Use of Cookies

Cookies are pieces of data stored on your hard drive concerning a current or previous web experience, such as a username/password combination used to gain access to some areas of the Website or other services. We may use a cookie to record previously established interests and preferences (via data submitted to us) so as to enhance the experience whilst using our Website.

Delain Hosting llC uses the following types of cookies:

  Strictly Necessary: These cookies enable our Website to function correctly and deliver the services and products you have requested.
  Performance & Functionality: These cookies are used to enhance the performance and functionality of the Website but are non-essential to their use (for example, these cookies remember your preferences on the Website).
  Analytical: These cookies collect information that is used either in aggregate form to help Delain Hosting llC understand how the Website is being used. In particular Delain Hosting llC use the Google Analytics cookies. If you do not wish to allow the use of Google Analytics cookies at all, Google provides an opt-out plug-in for most common Website browsers - http://tools.google.com/dlpage/gaoptout.

By using the Website, you accept the use of at least Strictly Necessary and Performance & Functionality cookies in accordance with this Privacy Policy. The Website will show a disclaimer asking for your consent to the use of cookies, declining this will disable the Analytical cookies only.

You may deactivate cookies in your web browser, or reject the creation of a cookie depending on your personal preferences. If you do so then our Website functionality may be compromised and certain services may not be available.
Users aged 16 and under

We request that individuals under 16 not provide personal data to Delain Hosting llC If we learn that we have collected personal data from a child under 16, we will take steps to delete the information as soon as possible.
Where is your data stored?

The Website and SMTP servers are hosted by LeaseWeb within the North American Region – for more information about where and how the servers are held please click here.

Delain Hosting llC cannot be responsible for protecting your information if you share such information in publicly available sections of the Website such as the blog comments. You should use your own judgment in disclosing this information on the Website.
Security of Data

Given the nature of the Internet and the fact that no security system is perfect, Delain Hosting llC cannot promise that the information you provide will never be obtained by unauthorised persons. Delain Hosting llC does however utilise industry-standard practices to protect your personally identifiable information from loss, misuse, alteration and destruction. Such measures include using firewalls and security layers to protect certain sensitive transmissions of information. In some areas of our Website, we require a user ID or email and password for you to access certain information.

Delain Hosting llC will not disclose such passwords to third parties; however, you are responsible for maintaining the privacy and security of your password.

In the event that Delain Hosting llC is purchased by another company, merges with another company or has a substantial portion of its assets purchased by another company, Delain Hosting llC may share your information with that company. In such an event, we will notify you in accordance with the notice provisions of the Terms of Service.

We may share your information with third parties as permitted or required by Applicable Law, by a court order or by another judicial or governmental request. We may also disclose your information if we determine that such disclosure is necessary to protect Delain Hosting llC s rights and remedies or is necessary for national security, law enforcement, or other issues of public importance. Such disclosures could take place in the context of an investigation or to prevent or take action against illegal activity, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Delain Hosting llC s Terms of Service, applicable EULAs or as otherwise required by Applicable Law.
Access to your information and correction

You have the right to ask us not to process your personal data for marketing purposes. We will request consent (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise this right at any time by contacting us at support[@]delainhosting.com.

If you reside in the European Union, you have the right under the General Data Protection Regulation (GDPR) to request a copy for the information that we hold about you. We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information that you think is inaccurate. If you would like a copy of some or all of your personal information, please email us. If you do not live in the European Union but you believe you have a right to restriction of processing or a right to object to processing under your local laws, please contact us at support[@]delainhosting.com.
Links to Other Sites

This Website may contain links to other sites. Please be aware that Delain Hosting llC cannot be held responsible for the privacy practices of other such sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Website that collects personally identifiable information. This privacy statement applies solely to information collected by Delain Hosting llC
Third party data processors that Delain Hosting llC use

We use a number of third parties to process personal data on our behalf, these are:

  Amazon Web Services (AWS) - https://aws.amazon.com/privacy/
  Backup data is stored at the AWS data centers in the USA.
  LeaseWeb - https://www.leaseweb.com/sites/default/files/Legal/US_ENG_Privacy_Statement.pdf
  Infrastructure Provider.
  Google - https://www.google.com/intl/en-GB/policies/privacy/
  This Website uses Google Analytics to track user interaction. We use this data to determine the number of people using our site, to better understand how they find and use our web pages and to see their journey through the Website.
  Maxmind - https://www.maxmind.com/en/privacy_policy
  New customer data is sent to Maxmind for the purposes of fraud prevention.
  Mailchimp - https://mailchimp.com/legal/privacy/
  Mailchimp is used to send emails to our clients on product updates and other related emails.
  

Data controller

The data controller of this Website is:
Delain Hosting llC

See the About & Contact page for further contact details.
Changes to our Privacy Policy

Delain Hosting llC reserves the right to change our privacy policy from time to time. You can determine when this policy was last updated by referring to the date at the bottom of this page. Any changes become effective upon our posting of the revised Privacy Policy.

We will provide notice to you of these changes and obtain your consent where required by applicable law. This notice will be provided by email or posting notice of the changes on our Website.