LyraHosting is an Intellettual property of Lyra Technology
Disputes & Complaints
LyraHosting’s main target is to sustain the power of the Internet as a resource for free expression & information & showing respect to the privacy & security of the users on the Internet. LyraHosting evaluates itself as a dependable hosting service & votes highly against careless practices that downgrade the usability of network resources, thereby, the quality of Internet services. This AUP (Acceptable Use Policy) denies the actions banned by LyraHosting. LyraHosting holds the right to change, or even replace the Policy at any point, applicable upon posting of the modified Policy of this page. Use of LyraHosting services comes under conditions after accepting AUP. It’s customer’s duty to check for modifications on a regular basis. (Users, customers, & visitors are collectively referred to as customer here).
All of our abusive disputes & complaints on the issues that aren’t outlined here would be handed according to the Dutch laws. The Netherland’s court would have all the legal power in cases of disputes associated with or resulting from any sort of disputes, complaints, or agreements among the complainant & customer. If the complainant agrees to hand the dispute decision to the Netherland’s laws, he/she has to agree that LyraHosting, the content hosting provider won’t be at fault for any incidental, consequential, punitive, exemplary, or multiple harms. Before the dispute decision has been announced, LyraHosting holds the right of continuing procuring their offerings to their Customers.
Suspension of Services
Suspension of services might be originated by violations & abuse of network security or system. Such offences might cause cancellation, suspension, civil & criminal liability. Using LyraHosting’s services, network, or systems to send or store content that’s illegal according to Netherlands’s laws is not permissible under any circumstances. Instances of network abuse or system or security violations involve, without any limitation, the aspects given below:
Unauthorized use or access to data, networks, or systems, including any of the attempts to scan, probe, or test out the vulnerability of a network or system or to penetrate through authentication & security measure, with no authorization of the network or system’s owner.
2) Unauthorized Monitoring
Unauthorized monitoring of traffic or data on any of the system or network with no express authorization of the network or system’s owner.
Interference with service to any host, user, or network including, without limitation, flooding, mail bombing, deliberate.
Forging any of the packet header or TCP-IP or any of the parts of the header info inside a newsgroup posting or email.
5) Offensive Material
The use of LyraHosting services for transmitting any of the material (by uploading, email, posting, or some other way) that encourages or threatens destruction or bodily harm of the property.
Using LyraHosting’s services for fraud purposes – including & not limited to speculation websites, fake investment websites, & investment institution.
7) Trojan, Malware, & Virus Distribution
Using LyraHosting services for distributing Virus or any different sort of data that can do good amount of damage to any of the network. Using / storing any sort of software that’s designed for or has chances of abusing or having negative impact on the Internet service, which includes, but isn’t limited to, hacking tools, post scanners, root/security exploits, ping flooding programs, spam software, & packet sniffers.
8) Terrorist Activities
Using LyraHosting service for promoting terrorism, including & not constricted to forums for terrorism, personal sites for terrorism, photo, audio, & videos of terrorism.
9) System Resources Overload
Overload of LyraHosting’s offerings till the system performance or other customers’ business gets impacted including & not limited to CPU’s resources overload, MySQL connections overload, memory resources overload, bandwidth overload & heavy email spam by scripts.
10) Unsolicited Email (Spam)
Customer shouldn’t disseminate or transmit spam (unsolicited bulk messages), or UCE (unsolicited commercial email), wchich includes ads, charitable, informational distributions or some other solicitation. Neither should Customer make use of Spam or UCE for promoting or benefitting any of the businesses or sites based on the LyraHosting network, neither for collecting responses from Spam or UCE, irrespective of whether it’s sent over the LyraHosting network.Don’t breach the CAN-SPAM Act of 2003. Don’t send out email marketing content or leverage email marketing, even when such conduct happens to be compliant with CAN-SPAM.Don’t host or allow hosting of any site or info that’s promoted by email marketing, even when these conduct happen to be compliant with CAN-SPAM. Customer might not send or try sending emails or transmitting any electronic communications through a name / address of somebody else than Customer for deception causes. Attempting to impersonate somebody else by changing source IP info or by using forged headers or different identifying info, mentioning the domain is not allowed. Any of the attempts for fraudulently conceal, forge or something else fake Customer’s identity with referencing to the use of the Service is not allowed. Confirmed opt-in (aka, Double Opt-in), happens to be the only way of allowing the email lists ran by our customers.
11) Child Pornography
Child pornography involves similar associated material, like non-nude child porn, simulated child porn, or websites linking to this sort of material, whether it’s certain as legal or not. Such offenses would be reported & handed over to the federal authorities & would be prosecuted to the end by the law. Customer is fully at fault for any sort of abuse of account no matter whoever has performed the action.
12) Storage Device
Having a shared hosting account as a storage device/backup isn’t permissible at all. Shared hosting account are for hosting Customer’s site content.
13) Internet Relay Chat (IRC)
IRC is renowned as a program for a Command & Control or “C&C” sort of technology, where the malware was kept (or downloaded & ran) on a device on local network which connects outbound, “beaconing” back to the “C&C” server (usually an IRC channel with password simply) so the Master of that malware can control the other computers called botnet.
14) Game Hosting Server
LyraHosting strongly forbids clients that they don’t host game servers using shared hosting. Game servers are permitted to be installed & hosted only on dedicated servers or Windows Hyper-V based VPS (virtual private server) platforms. Kindly contact with sales for further info on both of the solutions for hosting the Game Servers.
15) DDoS (Distributed Denial of Service)
None of the LyraHosting resources & servers can be used for performing any sort of DDoS attacks. If a server falls victim of any sort of DDoS, the account at question would be dismissed right away. Customers can subscribe for our anti DDoS protected network for having the account reactivated & saved from future attacks. If such attacks keep happening & go over the limits where our DDoS protected network can palliate, LyraHosting would null-route, ACL or, expel the services entirely for maintaining service quality for other Customers on the network.
Investigation And Cancellation of Services
LyraHosting holds the right for disabling or terminating service and/or for removing content for investigating alleged violations of the AUP. LyraHosting at maximum would just notify the customers for such violation so they can look into the situation & offer the required explanation/solution. Failing to respond to e-mail from our abuse department might cause termination or suspension of services. In some of the vital situations, LyraHosting holds the right for terminating or disabling service with any prior notice should the violaction affect the whole operation. If the solution or explanation gets accepted, the customer would get a warning and / or finds an abuse fee. If LyraHosting feels that the 1st offense was a somewhat deliberate attempt, then the account & everything associated accounts would get closed with no warnings & refunds. LyraHosting doesn’t offer refunds in case of termination of service owing to any of the reasons given above. Dedicated Websites or Server comprised of AUP matters or unsolved Abuse which don’t get responded to in 10 days would be taken as ditched & would get erased from its offending account. If your / your end users’ moves have made the LyraHosting mail servers of IP ranges to get on blacklists & the other email filtering software deployed by companies online, you’d be assigned a $100 abuse administrative charge & $100 fee every hour for employee time received for contacting list holders, protecting our IP ranges & mail servers, and get rid of any of the blocks. LyraHosting holds the right for refusing service to anybody. Any of the material that, to our judgment, happens to be illegal, threatening or violating our ToS in any way can get suspended or removed from the servers with / without any sort of notice. For Direct Customers: Customer’s services would get terminated with/out notice
We would suspend the website at hand & would let you know so you can take measures. If Customer’s account performs such occurrences repeatedly, it might cause the Customer’s account to be terminated immediately.
DDOS Attack Policy
1) If an IP of a server is getting DDoS-ed, the given DDoS IP address would be blackholed/nullrouted for 24 to 48 hours at the least. Note: For servers that are Anti DDoS subscribed, the palliation procedure would be performed automatically & a notification would be delivered to the owner of the server. Keep in mind that the IP address under palliation will be disable from IMCP as a rule of our palliation plan. Hence, the server at question would seem unreachable when PING gets performed.2) The server hosting would get released only if it’s repositioned to a different network segment that’s got minimal DDoS palliation service for trying & protecting the server from the ongoing DDoS ambushes.3) If there’s a 2nd ongoing DDoS going on, the server would get suspended for preventing a big network outage cut-off on all of the network services & devices. A 1-time fee of $100 applies for performing blackhole/nullroute on the server for reinstating the server.4) If the same server gets under attack the 3rd time, Permanent Suspension would be given & hosting package would be eliminated – no refunds.
DDoS Attacking (Ambushing Others)
1) If any of the servers is found emitting DDOS packets, the server would be taken under suspension & the IP address would be blackholed/nullrouted right away. The customer would be notified & would require to investigate & perform the essential fix on the server at attack. For doing so, our support engineers would allow the server owner to access the server’s SSH connection or RDC. The server would be restored after the confirmation is underway about the main reason for the outgoing attacks get fixed & cleared up. NOTE: In case of Co-Location Server hosting, the owners of the servers would need to send the engineers onsite at the data center for performing investigation & essential amends prior to the server getting reinstated.2) The server hosting would get terminated & a Permanent Suspension notification would be delivered to the owner of the server for any sort of repetitive outbound attacks. Note: In case of Shared Hosting packages, the 1st DDOS attack (outgoing or incoming) would get considered coincidental & would get released after 24h to 48h. Should the account get attacked the 2nd time, a permanent suspension would be given for the given package. There would be no reconsideration after the ultimate decision regarding the Permanent Suspension. Customer might ask for the data back-up link. Anti DDOS subscription is applicable only for the IP address that’s palliated. Clients are suggested to opt for the Anti DDOS protection for all of the IPs inside their package. You might hit up Sales to get a discount.
Reporting AUP Violations
Kindly send us an email to: [email protected]
LyraHosting encourages a good amount of responsible behavior when its services are used. The company shows respect to the rights of other people & requires their users to reciprocate. If you’ve got to know that LyraHosting services are being used for violation of the LyraHosting’s Terms & Conditions, you can file an abuse note. The process & requirements for the abuse notifications are presented below. We’d like to put emphasis on the fact that if the essential info associated with the abuse was not given, LyraHosting can’t perform take the right actions. While processing an application according to the document at hand, LyraHosting gets guided by the given rules:
LyraHosting follows the laws & doesn’t have control on its use of services by the Customers. LyraHosting doesn’t predict the operations of a judicial / law enforcement agency. LyraHosting can’t tell if the posted content is illegal or not. In terms of any of the disputes, an Applicant would have to contact a court or law enforcement agency.
LyraHosting shows respect to its customers & advance once the basis that they follow the legal requirements & LyraHosting’s Terms & Conditions while leveraging the services.
The applying process shouldn’t interrupt with the essential legal measures. The applicant has to understand that damaging evidence isn’t legal.
Requirements and Procedure
An application would be processed only if it fits the requirements given in this document. We specifically process applications / complaints of illegal and/or unlawful content should we receive a written statement. Any of the applications / complaints that go against the notice & takedown process as given below, wouldn’t get processed. The application has to be delivered to: [email protected]
The application ought to mention that the applier takes on indemnifying for losses obtained by the LyraHosting in terms of baseless server suspension, if later on, the application proves to be have wrong info regarding the violation of the applier’s copyright. It’s the applier’s duty to sustain its personal email addresses for reports & reply to all of the emails quickly and properly.
- The application has to have the identification info below
- For particular persons – first, middle, & last names, contact info (mobile number, and/or email address, fax), passport details (issuing date, issuing authority, number)
- In case of legal entities – company name, legal & factual addresses, contact info (mobile number, email address, and/or fax). This application has to be in the PDF format – fulfilled with actual identity verification like signature of the legal entities stamping or complainant.
- The given application should mention an IP address where the given content is based or from which the reported conduct happened. The IP in hand has to belong to LyraHosting.
- Add the links to the conflicting activity or material. Incorporate just the domain names or URLs, on which an Applicant is looking for resolution. Such URLs should conclude to an IP owned by LyraHosting.
- Give an explanation of the conduct or content that Applicant wants to report & describe why it’s conflicting Applicant’s rights or violating applicable law or applicable LyraHosting’s Terms & Conditions.
- Add consent of an Applicant for processing his personal data (if an Applicant happens to be a person).
- An Applicant has to attach document copies that confirm his rights/ownership. The Application might be companied with the documents having other concerning info.
After the complaint is filed, LyraHosting would judge the truth of the submission. LyraHosting judges reports mentioned in the document for determining if they’re univocally unlawful and/or punish-worthy. LyraHosting doesn’t expose info about the status of the application apart from the cases specified by law. The actions below are seen as abuse by LyraHosting:
- Repetitive applications, emails, phone calls, live chats in various channels. Keep in mind that just Abuse Dept. control such applications. Continuous actions to different channels would cause permanent prohibition of the contact.
- Repeating applications, officially accompanying to the demands of the document, however, comprising wrong info depending on the inspection outcome.
- Falsifying documents (which includes electronic) & info.
- Submitting the complaint in such a way which violates LyraHosting’s Terms of Services, Terms & Conditions, this doc, or swearing by undependable info.
- Usage of automated emailing and/or tools for accessing and/or communicating with LyraHosting.
- Application by the Applicant after claim submission comprising the same charge in terms of the same subject in some other way, if there’s no mention of the number of the primitively filed claim (ticket number).
In some of the situations, LyraHosting might allow a Customer a choice for contesting the alleged violation by filing a counter-notice. LyraHosting would review through the filed info & might (at its main discreetness) determine to reject Customer’s counter-notice, & require immediate remedial measure from the Customer, if, at LyraHosting’s prime discreetness, Customer’s actions or content are certainly unlawful and/or might subject LyraHosting to 3rd party apps and/or judicial proceeding.
This doc isn’t extensive, LyraHosting holds the right for modifying it time and again. The continuous use of the Services after an amendment / modification constitutes Customer’s acceptance of the doc or has been communicated.
Nothing on this page shall be interpreted being a legal proposal. Because of the decisive word on the legal help, law, etc. LyraHosting greatly suggests seeking certified legal advice. Don’t ever submit abuse applications stratight to personal emails of LyraHosting employees & call about to personal phone numbers of LyraHosting personnel.