Acceptable Usage Policy

If you have to ask if its allowed, it generally won’t be allowed. Please submit ticket to sales if you are still not sure.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

You may NOT publish or transmit via our services any content that we reasonably believe :

- Constitutes child pornography
- Iconstitutes illegal pornography
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
- Is defamatory or violates a person’s privacy
- Creates a risk to a person’s safety or health, creates a risk to public safety or health
- Compromises national security, or interferes with a investigation by law enforcement
- Improperly exposes trade secrets or other confidential or proprietary information of another person
- Is intended to assist others in defeating technical copyright protections
- Clearly infringes on another person’s trade or service mark, patent, or other property right
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
- Is a peer 2 peer file sharing application that demands high bandwidth and cpu resources.
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you, service location or to WinnerVPS
- We restrict the use of any IRC servers being hosted on our servers, personal IRC clients/bouncers are however allowed
- You must obtain our approval of any bulk commercial e-mail which will require our reasonable satisfaction by providing the requested information
- You may not send unsolicited emails either in bulk or individually to any person or company.
- You may not distribute, publish or otherwise copy any work protected by copyright laws unless you have been given explicit authorisation or hold appropriate license.
- You may not use our network in a way that unreasonably interferes with other customers use of the network.
- You may not attack, make threats or act in an inappropiate manner towards our staff.
- You may not run the following applications or any similar applications such as Card Servers, Public Proxies/VPN, Port Scanning, Brute Forcing, DDoS & other illegal activities.
- You may not run any intensive disk IO/CPU, DDoS prone applications including but not limited to Camfrog, Mining & Video Encoding.
- TOR exits are strictly prohibited and will result in instant termination, relays (max 50Mbps in+out) & clients are allowed

Each web hosting & VPS hosting is given “fair-share” usage on the server. In most cases CPU, disk & bandwidth will sit idle. Each VPS has access to several vCPU (depending on your plan) and can use the full processing power as and when required, since you sharing the CPUs with other clients on the node we have a fair share usage limit. If your VPS happens to cause issues to other clients on the node your VPS will be suspended and notified and asked to make changes to ensure it doesn’t happen again. In addition, your server must not exceed the maximum load allowed which is determined by the amount of CPU Cores you have. If you have 4 vCores then the maximum load allowed at any given time would be 4.00.

We are under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of our network.

If you believe your copyright is being infringed by a person using our services, please send your written notice of copyright infringement to abuse@winnervps.com

Prohibited Uses

Any attempt to undermine or cause harm to a server or customer of WinnerVPS is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Excessive CPU use or continued high disk IO R+W requests will be considered server abuse, CPU cores are given on an equal share basis only they are not dedicated cores for your server alone.

As a general rule as long as you are not impacting others then you will not be restricted however as a guide line we ask that you do not average over 60% of a CPU core/thread for more than 24 hours on average or 100% of a core/thread for more than 1 hour.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WinnerVPS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Examples Of Unacceptable Content or Links

Pirated Software
Hacker (Cracker) Programs or Archives
Warez Sites
Port Scanning
Torrents
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER (CRACKER) PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $ 1.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, WinnerVPS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Violations

Violations of these Acceptable Use Policies should be referred to abuse@winnervps.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.