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1. ACCEPTANCE OF TERMS
Proton Servers Host welcomes you.
Proton Servers Host provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at https://portal.protonservershost.com/index.php?m=TermsOfService. In addition, when using particular Proton Servers Host owned or operated services, you and Proton Servers Host shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Proton Servers Host may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Proton Servers Host provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Proton Servers Host or it's Partners to provide the Service. You also understand and agree that the Service may include certain communications from Proton Servers Host or it's Partners, such as service announcements, administrative messages and the Proton Servers Host Newsletter, and that these communications are considered part of Proton Servers Host membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Proton Servers Host properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Proton Servers Host assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Proton Servers Host has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Proton Servers Host has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Proton Servers Host is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Proton Servers Host, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Proton Servers Host does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will Proton Servers Host be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to
7. Resource Usage
User may not:
• Use 75% or more of your max system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP scripts, HTTP, etc.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as Counter Strike, Half-Life, Battle Field, etc...
• Run cron entries with intervals of less than 15 minutes.
• Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
• When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
• Share your account with your friends and family members. Your account is for your websites only.
• Store files on their Proton Servers Host account that is not for their website hosted at Proton Servers Host. (Example: Storing media files for another website)
8. ACCEPTABLE SERVER RESOURCE USE
Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. Please refer to the 'Resource Usage' section in the General Terms and Conditions.
9. BACKUPS / DATA LOSS
Your use of this service is at your sole risk. Proton Servers Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Proton Servers Host servers. Any reported network issue or server fail/upgrade/downgrade will result in server reinstall/redeploy. Except where we hold backups for server restore in the event of failure, we will restore the backup images we hold to our servers. We will not supply these to users unless stated otherwise and if we do an admin fee will be payable per event which can be discussed by opening a Ticket with our Billing Department.
10. SCRIPT USAGE TERMS
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed.
The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed.
Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server
Examples of not allowed script and website types include (but are not limited to):
11. USAGE OF DISK SPACE TERMS
Proton Servers Host offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. Sites should not contain any archives of movie files, audio files, zips, rars or any large volumes of files used for downloading / sharing. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed to the user. Sites should not contain any backups or other non-web-based content, if you need a backup provider, we suggest using our Proton Servers Cloud.
12. RIGHT TO SUSPEND / TERMINATE HOSTING SERVICES
We reserve the right to suspend or terminate any hosting services if a website/hosting service consumes excessive server resources or effects other websites / hosting services on a shared or clustered hosting server. Excessive resource usage can constitute any form of server usage calculated and determined at the discretion of Proton Servers Host. Proton Servers Host reserves the right to suspend service at any time without prior notice if or when the health or normal running / performance of a service is effected / degraded by a website or hosting service.
You acknowledge that Proton Servers Host may or may not pre-screen Content, but that Proton Servers Host and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Proton Servers Host and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Proton Servers Host or submitted to Proton Servers Host, including without limitation information in Proton Servers Host Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Proton Servers Host may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Proton Servers Host and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
13. INTERSTATE NATURE OF COMMUNICATIONS ON PROTON SERVERS HOST NETWORK
When you register with Proton Servers Host, you acknowledge that in using Proton Servers Host services to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through Proton Servers Host's computer networks, portions of which are located in California, Ohio, UK, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Proton Servers Host's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
15. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Proton Servers Host does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Proton Servers Host the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Proton Servers Host network of properties that are intended by Proton Servers Host to be available to the general public. By way of example, publicly accessible areas of the Service would include Proton Servers Host Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Proton Servers Host Servers that are limited to members, Proton Servers Host services intended for private communication such as Proton Servers Host Mail or, or areas off of the Proton Servers Host network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Proton Servers Host.
16. CONTRIBUTIONS TO PROTON SERVERS HOST
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Proton Servers Host through its forum, or contact forms, you acknowledge and agree that:
You agree to indemnify and hold Proton Servers Host and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
18. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Proton Servers Host ID), use of the Service, or access to the Service, unless you are a member of the Proton Servers Host Reseller Service, utilizing the reselling platform to resell to end users.
19. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Proton Servers Host may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Proton Servers Host's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Proton Servers Host has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Proton Servers Host reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Proton Servers Host reserves the right to modify these general practices and limits from time to time.
20. MODIFICATIONS TO SERVICE
Proton Servers Host reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Proton Servers Host shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Certain services provided by Proton Servers Host are resold. Thus, certain equipment, routing, software, and programming used by Proton Servers Host are not directly owned or written by Proton Servers Host. Proton Servers Host shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. Proton Servers Host will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by Proton Servers Host and Proton Servers Host will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.
You agree that Proton Servers Host may, under certain circumstances and without prior notice, immediately terminate your Proton Servers Host account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
Termination of your Proton Servers Host account includes
22. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Proton Servers Host shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Proton Servers Host has no control over such sites and resources, you acknowledge and agree that Proton Servers Host is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Proton Servers Host shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
24. PROTON SERVERS HOST'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Proton Servers Host or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
25. USE OF ADVERT BLOCKERS
Proton Servers Host may use adverts to subsidize the costs of running the service. The use of advert blockers, or the process of recommending advert blockers whilst using the service is forbidden.
26. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Proton Servers Host AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Proton Servers Host HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
28. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
29. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 24 and 26 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Proton Servers Host and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
30. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Proton Servers Host may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
32. TRADEMARK INFORMATION
The Proton Servers Host, Proton Servers Host logo, trademarks and service marks and other Proton Servers Host logos and product and service names are trademarks of Proton Servers Host (the "Proton Servers Host Marks"). Without Proton Servers Host's prior permission, you agree not to display or use in any manner the Proton Servers Host Marks.
33. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Proton Servers Host respects the intellectual property of others, and we ask our users to do the same. Proton Servers Host may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Proton Servers Host's Copyright Agent the following information:
By using any Proton Servers Host's services, you agree to submit to binding arbitration. If any disputes or claims arise against Proton Servers Host or its subsidiaries, such disputes will be handled by an arbitrator of Proton Servers Host's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
35. ZERO TOLERANCE SPAM POLICY
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Bulk email will only be allowed on our VPS platform and must abide by all US laws regarding spam, including the CAN-SPAM act.
Proton Servers Host reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Proton Servers Host reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Proton Servers Host.
36. UPTIME GUARANTEE
Proton Servers Host offers a monthly Uptime Guarantee ("Guarantee") for the Hosted Service You purchase from Us. If your service has a downtime that is not within the uptime guarantee for a non-scheduled maintenance/downtime, as solely determined by Us, due to an internal infrastructure or equipment failure you will be eligible to receive appropriate amount of credit on your account for the time the Service was unreachable. Approval of the credit is at the discretion of Proton Servers Host dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Web Server which may differ from the uptime reported by other individual services. To claim a Service cycle prolongation You need to contact Us by submitting a ticket to Proton Servers Host Billing Department within the first 10 calendar days after the downtime took place. Any Service interruption deriving from failure or deficiency of Proton Servers Host infrastructure and equipment may not be eligible if caused or associated with such things as but not limited to:
DDoS or similar attacks on Our servers.
third-party software failure.
You maxing Your resource container.
issues resulting from errors or omissions by You.
interruptions caused by You from custom scripting, coding or the installation of third-party applications.
network conditions across the internet (outside of our network), such as between Your ISP and Our data center.
browser or DNS caching issues.
outages related to the reliability of certain programming environments.
any other circumstances beyond our control or that are not reasonably foreseeable.
any act of God or force majeur which results in the failure of the service.
All remedies are at the discretion of Proton Servers Host, based on its investigation of any issue that is covered by this section. If Proton Servers Host provides a remedy as described above, or Guarantee, for a particular Service, this shall be Your sole and exclusive remedy for defects in, or issues with, the Service. Proton Servers Host shall not be liable for any consequential or indirect loss or damage caused by the failure of Service.
37. DISCLOSURE TO LAW ENFORCEMENT
Proton Servers Host may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
We do provide the transferring of any website/server as a courtesy service but we cannot make any guarantee that during the transfer process we will be able to move your site/server. Our service department will make an effort to move your site/server to our hosting platform but the amount of time can vary immensely depending on how the site was previously configured. We always strive to make this a seamless process and try to avoid any interruption to existing sites/servers but in some cases, we may be unable to assist you in a transfer of data from the old server. We are not responsible for data loss in transfers.
39. FRAUDULENT ACTIVITY
Proton Servers Host utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.
40. TORTUROUS CONDUCT
Any abuse towards any Proton Servers Host employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Proton Servers Host or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at Proton Servers Host or its employees shall be considered a violation of this Terms Of Service.
41. USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT
Sites must not contain Warez, copyright or other illegal material including links or redirects to copyright material hosted on 3rd party websites / resources. The onus is on you the customer to prove that you own the rights to publish material, not for Proton Servers Host to prove that you do not. Proton Servers Host does not allow the propagation or distribution of copyright material, files or warez under any circumstances.
42. RESELLER: CLIENT RESPONSIBILITY
Resellers are responsible for supporting their clients. Proton Servers Host does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Proton Servers Host will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.