Acceptable Use Policy

(PUA)

Use Policy
(PUA)

Material Specification and Prohibited Use and Acceptable Use Policy

1 – Subject and Object:

1.1 – This annex is intended to legally govern the specific terms and conditions under which the provision of a certain service is carried out, by Mixlife, LDA, headquartered at Estrada Nacional, 3, Constância Shopping 9 C– 2250-028 CONSTÂNCIA with the number Tax Identification Number: 502 665 696, hereinafter referred to by its registered trademark Mixlife, numbered 399677, and the subscriber of the services, hereinafter referred to as the CONTRACTOR.

1.2 – This annex must be understood as an integral part and to be combined with the general conditions of service provision, hereinafter CG, and with the specific conditions of the service subscribed by the CONTRACTING PARTY.

2 – How and when your consultation is mandatory:

In addition to the mandatory consultation before subscribing/renewing a service and its declaration of acceptance, this AUP will be sent especially to the CONTRACTING PARTY:

a) As a preventive measure when the service provided, per se, may conflict with any of the points below;

b) As a warning when it is understood that the use that the CONTRACTOR is assigning to the contracted service goes against any of the same points;

c) Whenever deemed necessary, inform the CONTRACTOR in more detail, thus giving him the possibility of withdrawing from the provision of the service under the terms set out in the GC.

3 – Specificities of service provision:

The CONTRACTOR must ensure compliance with the law and what is stipulated and published on the Mixlife page as prohibited, including what is now listed as completely prohibited for the Mixlife services and network:

3.1 – Provision or hosting of material or information that encourages the practice of or that constitutes the practice of any illicit or illegal act or that puts good customs or public order at risk.

3.2 – Use of unlicensed software, but subject to license.

3.3 – The provision or hosting of material or information protected by copyright and related rights, such as films, music, video texts, source codes, etc. that is not properly licensed.

3.4 – Use of IP addresses that have not been duly assigned to the CONTRACTING PARTY by Mixlife, or that Mixlife has not expressly authorized the use of.

3.5 – The maintenance of vulnerable applications, namely “SMTP Open Relay” / “Open Proxy”, or outdated applications that could potentially violate the restrictions imposed here, as well as allow third parties to illegitimate access to systems, send unsolicited messages and viruses .

3.6 – Use the server or computer equipment to carry out attacks on other computer systems or networks.

3.7 – Intentionally interfere with the proper functioning of servers, services or networks, using, in particular, overload actions, whether or not combined with the exploitation of system vulnerabilities, aimed at sabotaging the functioning of services (DoS – Denial of Service or DDos – Distributed Denial of Service), sending bulk packets (Flooding) and attempts to jam or disrupt servers, services or networks.

3.8 – Entry or attempted entry into servers or other computer systems without authorization as well as any unauthorized access to other people's data (violation of privacy).

3.9 – Actively or passively participate in “Denial of Service” or “Distributed Denial of service” DDoS attacks.

3.10 – Considering that the CONTRACTING PARTY is aware that the resources contracted in shared hosting services run on infrastructures common to more users, it understands and accepts that it is prohibited to use resources in such a way as to cause a negative impact on the performance or quality of the service or that negatively impacts the service of other users. Therefore, the use of shared hosting resources is expressly prohibited for the purposes listed below for purely indicative and non-exhaustive purposes:

  • Exceed sending 500 emails per hour;
  • In email services, provided free of charge, namely those associated with the provision of domain services or others on the same terms, the customer may not exceed the limit of 60 emails per hour.
  • Use of shared hosting plans to store backups, regardless of the method of sending them to the customer service;
  • Use of Mixlife servers to send emails to domain names that are not configured in the customer's service;
  • The use of the hosting service to share files of any type.
  • Use of this space to store files that are not considered necessary web content for the execution of the purpose of the service, including, but not exclusively, images, photographs, document scanning, digital books and the like.


3.11 – Sending e-mail messages to those who have declared that they do not wish to receive them or to those who have expressly requested their cancellation; the dissemination of mass, commercial or personal email messages. It is completely prohibited: sending emails considered SPAM; sending emails to “SPAMTRAPS” or hosting pages that provide or allow the sending of SPAM and, in general, any action that may cause Mixlife's IP address to be blacklisted, blocked or in any way seen your reputation will be negatively affected.

3.12 – Forgery by any alteration, data, after its production, with the intention of deceiving third parties. These include, but are not limited to: Hosting of fake pages; changing IP addresses; changing ARP addresses; the use of IP addresses that have not been assigned by Mixlife, or that Mixlife has not authorized the use; the change of

identification of email messages or Newsgroups.

3.13 – Hosting of gaming and/or teamspeak content or services.

3.14 – Configure domains on Mixlife's DNS servers without authorization from their holder, nor maintain them after their holder requests their change, removal or when they no longer have any link that justifies it.

3.15 – Mixlife reserves the right, under the terms of CG – 7.1 f), to present changes to this list.

3.16 – Mixlife will also make the changes made under the terms of the previous paragraph available to the CONTRACTING PARTY. The changes introduced will take effect from the date mentioned in the notification that accompanies them.

4 – If Mixlife detects on its servers and/or network the availability, hosting of content and/or platforms listed here as prohibited, it reserves the right to immediately suspend the services, only reactivating them when the irregularities are remedied, As far as the law allows, there will be no refund of the amounts provided as payment for the service.

5 – If there is no immediate suspension as described in point 4, Mixlife will notify, via email, the CONTRACTING PARTY whenever cases of abuse are detected or reported, granting a reasonable period of time to resolve the problem.

6 – In the cases provided for in point 5, the CONTRACTOR undertakes to remedy the abuse or other problem reported within the period offered.

7 – If the CONTRACTING PARTY does not comply with the stipulations in point 6, there will be a forced intervention by Mixlife, which the CONTRACTING PARTY declares to authorize, in order to only investigate and try to resolve the situation.

8 – When there is a forced intervention by Mixlife in order to resolve a problematic situation resulting from the CONTRACTOR's failure to comply with what is stipulated here regarding antivirus security rules and what is described in the previous numbers, this intervention will be charged within the following table :

Description Price
Abuses related to “Phishing”50.00€
Abuses related to SPAM 50.00€
Other types of abuse €50.00/hour
Troubleshooting viruses€50.00/hour

8.1 – The amounts charged for Mixlife's forced intervention will be invoiced with VAT due to the legal rate in force, immediately, and the invoice must be paid promptly. Failure to pay this invoice will grant Mixlife the right to suspend the CONTRACTED services until settlement.

8.2 – In the event of repeated non-compliance by the CONTRACTOR with what is imposed by this AUP, Mixlife reserves the right to suspend the services contracted hereby communicating to you via email.

9 – Mixlife always reserves the right, at any time, to present changes to this annex, as well as its CG under the terms set out therein.

10 – If the CONTRACTOR understands that the CONTRACTOR understands that there is enough reason to terminate this contract from the changes referred to in .9, he may do so, and there will be no need to repeat the amount provided, except when these changes conflict with the usual way in which the contracted service is to be provided by Mixlife to the CONTRACTOR.

11 – Subverted use that the customer may make of the service is excluded from the usual way of providing the service.

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