§1 Purpose

This Acceptable Use Policy ("AUP") establishes the rules governing the acceptable use of services and infrastructure provided by Xmbhosting.

The purpose of this policy is to protect Xmbhosting, its customers, third parties and the stability and security of our infrastructure.

This policy forms part of the Xmbhosting Terms & Conditions and applies to all customers and services unless otherwise stated.

§2 General Requirements

Customers must use Xmbhosting services responsibly, lawfully and in a manner that does not interfere with the operation of our infrastructure or the rights of other users.

Customers are responsible for all activity performed through their accounts, servers, applications and credentials.

Customers must take reasonable steps to secure their accounts and services against unauthorized access, abuse and compromise.

Customers must comply with applicable Luxembourg law, European Union law and other applicable laws and regulations.

§3 Illegal Activities

Xmbhosting services must not be used for activities that violate applicable laws or regulations.

Prohibited activities include, but are not limited to:

• Fraud, scams or fraudulent transactions
• Phishing or credential theft
• Identity theft
• Unauthorized access to computer systems or accounts
• Distribution of malware or malicious software
• Hosting or distributing unlawfully obtained data
• Activities intended to facilitate criminal conduct
• Money laundering or other financial crimes
• Any other activity prohibited by applicable law

§4 Security and Abuse

Customers must not use Xmbhosting infrastructure to compromise, attack, scan or gain unauthorized access to systems belonging to Xmbhosting, its customers or third parties.

This includes unauthorized vulnerability exploitation, credential attacks, malware deployment and attempts to bypass authentication or security controls.

Security testing is permitted only where the customer has appropriate authorization to perform the testing and the activity does not negatively affect Xmbhosting infrastructure or other customers.

Customers must promptly secure compromised servers and cooperate with Xmbhosting when investigating security incidents.

§5 Network Abuse

Customers must not intentionally disrupt, overload or interfere with networks, servers or infrastructure.

Prohibited activities include:

• Distributed denial-of-service attacks
• Port scanning or network scanning without authorization
• Brute-force attacks
• Packet flooding
• Traffic amplification attacks
• Network abuse intended to disrupt third-party services
• Deliberate attempts to bypass network security controls

§6 Prohibited Content

Customers must not use Xmbhosting services to knowingly host, distribute or make publicly available content that is unlawful.

This includes content that violates applicable laws, intellectual-property rights, privacy rights or court orders.

Xmbhosting may restrict access to content where required by applicable law or where necessary to protect its infrastructure, customers or third parties.

Customers remain responsible for ensuring that the content stored or distributed through their services complies with applicable law.

§7 Spam and Abuse

Xmbhosting services must not be used to send unsolicited bulk communications or other abusive traffic.

This includes spam email, fraudulent messages, phishing campaigns, unsolicited bulk messages and similar activity.

Customers must not operate services that intentionally generate abusive or excessive traffic toward third-party networks.

If a customer's service is compromised and used for spam or abuse, Xmbhosting may temporarily restrict the affected service to protect the wider infrastructure.

§8 Resource Usage

Customers must use allocated CPU, RAM, storage, network and other resources in accordance with the specifications and limitations of their purchased service.

Software, plugins, modifications, scripts or applications that create an excessive or disproportionate load on shared infrastructure may be restricted.

Customers must not intentionally attempt to consume resources belonging to other customers or interfere with the normal operation of the infrastructure.

Xmbhosting may take reasonable technical measures to protect infrastructure stability where excessive usage presents a risk to the service or other customers.

§9 Copyright and Intellectual Property

Customers must respect copyright, trademarks, patents and other intellectual-property rights.

Customers must not knowingly use Xmbhosting services to distribute or host material that infringes the rights of third parties.

Where Xmbhosting receives a valid intellectual-property complaint or legally binding request, appropriate action may be taken in accordance with applicable law.

Customers are responsible for obtaining the necessary licenses or permissions for software, media and other content they use.

§10 Privacy and Personal Data

Customers must comply with applicable data-protection and privacy laws when processing personal data through Xmbhosting services.

Customers are responsible for determining whether they have a lawful basis to collect, store or process personal information through their services.

Customers must take appropriate technical and organizational measures to protect personal data under their control.

Xmbhosting processes customer account and service data in accordance with its Privacy Policy.

§11 Abuse Reports and Investigation

Xmbhosting may investigate reports of suspected violations of this Acceptable Use Policy.

Customers may be contacted and asked to provide relevant information regarding an incident or reported activity.

Where appropriate, Xmbhosting may preserve relevant information for security, legal or abuse-handling purposes.

Customers are expected to cooperate reasonably with legitimate investigations.

Where legally required, Xmbhosting may provide relevant information to competent authorities.

§12 Enforcement

If Xmbhosting determines that a service is being used in violation of this policy, it may take reasonable measures to protect its infrastructure and customers.

Depending on the severity and circumstances, actions may include:

• Requesting the customer to resolve the issue
• Temporarily restricting network access
• Suspending the affected service
• Removing or restricting access to unlawful content where legally permitted
• Terminating the affected service or contract where legally permitted
• Reporting suspected unlawful activity to competent authorities where required or appropriate

Xmbhosting will consider the nature, severity and potential impact of the violation when determining an appropriate response.

§13 Appeals and Disputes

Customers who believe that an enforcement action was taken incorrectly may contact Xmbhosting and provide relevant information explaining the situation.

Xmbhosting will review legitimate appeals where reasonably possible.

Nothing in this policy limits any mandatory rights available to consumers under applicable Luxembourg or European Union law.

§14 Changes to this Policy

Xmbhosting may update this Acceptable Use Policy when reasonably necessary due to legal, technical, security, operational or business changes.

The current version of the policy will be published on the Xmbhosting website.

Changes will not remove mandatory rights granted to consumers under applicable Luxembourg or European Union law.

§15 Contact

For questions regarding this Acceptable Use Policy or to report abuse concerning Xmbhosting services, please contact: