Acceptable Use Policy

You should use all services provided by Kyup for lawful purposes only. You agree to maintain your website in full compliance with the Kyup Terms of Service (the Terms). If any part of your account is found to violate the Acceptable Use Policy (AUP) below, Kyup may take immediate corrective actions including immediate suspension or deletion of your account without prior warning. Abuse of the AUP may result in warning, suspension or possible account termination with no refund.

By using any service provided by Kyup:

  1. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  2. You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
  3. You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  4. You agree not to make, attempt or allow any unauthorized access to the Kyup website, servers, your own account and/or containers or the account of any other Customer of Kyup.
  5. You agree not to allow any remote code execution of malicious software through the cloud hosting platform provided by Kyup.
  6. You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against Kyup servers and facilities or the servers and facilities of other network hosts or Internet users.
  7. You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
  8. You agree that you will not use the services provided by Kyup for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
  9. You agree that you will not use Kyup services to host any website, other content, links or advertisements of websites that:
    • Infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information.
    • Profess hatred for particular social, ethnical, religious or other group.
    • Contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property.
    • Contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3).
    • Contain any kind of proxy server or other traffic relaying programs.
    • Promote Money Making Schemes, Multi-level Marketing or similar activities.
    • Contain Torrent trackers, Torrent Portals or similar software.
    • Are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising.
    • Are violent or encouraging violence.

Examples of unacceptable materials on the Kyup hosting platform include:

IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, bitcoin mining and traffic exchange software, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.

We reserve the right to refuse service to anyone upon our discretion. Any material that in our judgment, is either obscene or threatening is strictly prohibited and will be removed from our servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.

You are responsible not to engage in or to instigate actions that cause harm to Kyup or other Kyup customers. You are also responsible to ensure that no use of our services in your account will be used to, engage in or to instigate actions that cause harm to Kyup or other Kyup customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Kyup IPs by the any online spam database, actions resulting in DOS attacks for any of the Kyup servers, etc. Failure by You or your customer(s), to comply with the policy above may result in warning, suspension or possible account and/or container termination with no refund. We reserve the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.

You are solely responsible for ensuring that all programs and scripts installed under your account are secure and the permissions of the directories and files are properly set. Kyup recommends setting the permissions on all directories and files as restrictive as possible. You are solely responsible for all actions and activity taken under your account, including the compromise of login credentials. Both your username and password are required to be secure. Kyup reserves the right to carry out regular audits of login credentials in respect of security level. In case your credentials are found not to be secure enough, you will either be notified and granted the respective time frame to change them, or we will change the login credentials and provide them to you. Note that your account may be suspended until You agree to update your password with a more secure one.

You are solely responsible for the quality and performance of the content on your container(s). You are also responsible to ensure that all aspects of your container(s) are compatible with our cloud hosting platform. It is your responsibility to keep your content and your customers' content compatible at all times. Kyup cannot and will not be responsible for any malfunctioning or any damages to the content of any container, caused by your failure to keep the content of that container compatible with our platform.

You acknowledge that Kyup cannot and shall not provide legal advice referring to the contents of your website(s) and account performance. All information, articles, tutorials and tech support advice are provided in good faith and do not constitute official requirements, regulations or statements. You shall be solely responsible for checking whether the content on your container(s) complies with any specific legal act or provision and for complying with them by consulting a competent legal advisor. Kyup shall not be held liable in the event that any part of your website(s), container(s) content or performance disregards or infringes any law or legal regulation.

You agree that Kyup has the sole right to decide what constitutes violation of the AUP as well as what is the appropriate severity of any corrective action to be applied. In the event that we find a violation of our AUP, we will take corrective action upon our own discretion and will notify you of that corrective action.  We cannot and shall not be held liable for any loss or damage arising from our measures against actions causing harm to Kyup or any other third party.

You understand and agree that in case we need to re-activate your account and/or container(s), suspended for violation of AUP, a re-activation fee of $50.00 per event will apply.

Kyup has the right to terminate each and any container that has been suspended for any reason for more than 7 calendar days, unless you have taken corrective measures to remove the initial suspension threat or violation. Upon such termination, any backup copies of such container(s) will be permanently deleted, no refund will be due, and Kyup will not be liable for any loss or damages.