Fair Usage Policy (FUP)

This document is part of the collection of documents:

1. Terms of Service (TOS)
2. Privacy Policy (PP)
3. Service Level Agreement (SLA)
4. Fair Usage Policy (FUP)
5. Data Processing Agreement (DPA) - in B2B relations

§ 1. Preliminary Provisions and Definitions

1. VoxiHost DANIEL MARSZAŁKOWSKI
2. ul. 3 Maja 29, 62-500 Konin, Poland
3. NIP: 6653080651 | REGON: 542936383
4. E-mail: support [at] voxihost.pl

(hereinafter referred to as "VoxiHost" or "the Operator").

§ 2. Network and Infrastructure Security (Network Abuse)

All actions that may disrupt the functioning of the Operator's network or the networks of third parties are prohibited. In particular, the following are strictly prohibited:

DoS/DDoS Attacks: Initiating, supporting, or participating in Denial of Service attacks (including: UDP Flood, TCP SYN Flood, HTTP Flood, Amplification Attacks, and others).

Scanning and Reconnaissance: Unauthorized Port Scanning, Vulnerability Scanning, Network Mapping, and the use of tools such as Zmap, Masscan, Nmap without the express written consent of the target owner.

Network Identity Forgery (Spoofing): Forging IP/TCP/UDP packet headers (IP Spoofing), ARP poisoning, or DNS spoofing.

Interference with Routing: Attempts to manipulate routing protocols (BGP, OSPF), announcing unauthorized IP prefixes (IP Hijacking).

Bypassing Security: Attempts to bypass authentication, authorization, or Rate Limiting mechanisms of the Operator's systems.

High-Risk Anonymization:

1. Running TOR network exit nodes (Tor Exit Nodes) or similar services.
2. Operating open Proxy servers (Open Proxy) or public VPNs without traffic logging, or similar services.
3. Maintaining open DNS resolvers (Open DNS Resolvers) susceptible to amplification attacks, or similar services.

§ 3. Prohibited Content (Prohibited Content)

It is prohibited to store, share, or link to content that violates Polish law, European Union law, or international law. This includes:

Illegal Content:

1. Child pornography (CSAM) and pedophilic content - The Operator reports immediately to the Police or the Prosecutor's Office (Art. 304 of the Code of Criminal Procedure), and in cases of cybercrime to the CBZC; it may simultaneously notify Dyżurnet.pl (NASK).
2. The Operator immediately informs the appropriate law enforcement or judicial authorities about a suspected crime threatening life or safety, including events that may occur, by providing all relevant information; if the member state cannot be determined - the authorities of the state of the registered office or Europol (Art. 18 DSA).
3. Content inciting terrorism, extremism, racial, ethnic, or religious hatred.
4. Instructions for manufacturing weapons, explosives, or drugs.

Copyright Infringement:

1. Illegal distribution of software, movies, music (Warez).
2. Public BitTorrent trackers or seedboxes sharing copyrighted content.

Cybercrime:

1. Hosting Phishing sites (phishing for login credentials, card numbers).
2. "Scam" type sites (fake investments, "grandparent" scams).
3. Distribution of malicious software (Malware, Ransomware, Spyware, Botnet C&C).
4. Hosting hacking tools ("Stresser", "Booter", Exploit Kits).

Violation of Personal Rights:

1. Doxxing (publishing private data of third parties without their consent).
2. Stalking, harassment, criminal threats.

§ 4. Email Policy (Email Policy)

The Operator applies a Zero Tolerance policy for SPAM.

Port 25 Availability: Outbound traffic on port 25 (SMTP) is blocked by default for security reasons. Unblocking it requires passing identity verification (KYC) in accordance with the Terms of Service.

Alternatives: Clients who do not wish to undergo KYC verification may use port 587 (SMTP Submission) with authentication, which is unblocked by default, or use external SMTP services (e.g., Mailgun, SendGrid, Amazon SES, SparkPost).

SPAM Ban: Sending unsolicited commercial information (UCE/UBE) is prohibited. Prior consent of the recipient is required (Art. 398 of the Electronic Communications Law); we additionally use double opt-in as a measure of due diligence.

Technical Requirements: Every mail server running on the Operator's infrastructure must have correctly configured records:

1. rDNS (PTR): Consistent with the hostname (FQDN).
2. SPF and DKIM: Authenticating the sender.

IP Reputation: The Client is responsible for their own actions and those of their users causing listing on blacklists (RBL), such as Spamhaus, Barracuda, SpamCop; the Operator is responsible for the state of the infrastructure and takes delisting actions.

Prohibited Practices:

1. Purchasing address databases.
2. Masking sender identity (Header Spoofing).
3. Using the Operator's servers to handle bounces from spam sent from another network.

§ 5. Resource Abuse (Resource Abuse)

In order to ensure fair access to resources (Fair Share) for all Clients of the virtualization platform:

Crypto Mining:

1. ABSOLUTE BAN on using any resources (CPU, GPU, RAM, Storage) for mining virtual currencies (including: Bitcoin, Monero, and other similar ones).
2. The ban also applies to sharing computing power in distributed systems.

CPU Abuse:

1. General Rule: In order to ensure fair access to resources (Fair Share), actions causing permanent degradation of performance for other users on the same physical node are prohibited.
2. Monitoring: The Operator monitors the "Steal Time" parameter. In the event that resource usage by the Client causes Steal Time > 10% for other users for a period longer than 2 hours, the Operator has the right to limit performance (Throttling) or contact the Client to optimize the load.
3. Offer Exceptions: The above limitation does not apply to dedicated servers or services promoted as "CPU unlimited" in the offer specification, provided it does not violate the ban on crypto mining.
4. Ban on Artificial Loading: Regardless of the offer, it is prohibited to run processes solely for the purpose of generating artificial load (e.g., continuous benchmarks, stress-tests, looping scripts) without a justified business purpose.

Disk I/O Abuse: It is prohibited to generate continuous, extreme input/output (IOPS) load that degrades the performance of the disk array (e.g., Chia plotting, intensive disk scanning, debug logging in a loop).

Consequences: The Operator's systems automatically monitor "Steal Time" and "I/O Wait" parameters. Exceeding the standards results in automatic performance limitation (Throttling), service restart, or service blocking.

§ 6. Liability and Client Security

§ 7. Administrative Penalties and Abuse Procedure

In the event of a violation of the FUP, the Operator shall take the following steps:

1. In cases of unintentional violation (e.g., virus infection of the Client's service), the Operator may, as an exception, allow the service to be unblocked in accordance with the procedure described in the Terms of Service (Amnesty).
2. A necessary condition is the successful completion of identity verification (KYC) and consent to a complete reinstallation of the service (data loss) in order to remove the threat.

1. In the event of violations requiring the Operator's technical intervention (e.g., malware removal, RBL delisting procedure, analysis of advanced attacks), the Operator may charge the Client for reasonable administrative costs proportional to the workload (hourly rate: 100 PLN/h), subject to a maximum amount of 300 PLN per single incident. The 100 PLN/h rate applies exclusively to B2B Clients; regarding Consumers, the Operator may only demand documented, actual costs.
2. Costs are charged only in cases where the violation resulted from the Client's negligence or fault (e.g., failure to update the system, intentional spamming, maintaining unsecured services).
3. Costs are deducted from the Credits Balance only after prior notification to the Client regarding the amount and basis of the costs and providing an opportunity to dispute them. Regarding Consumers, the Operator does not apply automatic balance deduction, negative balance, or Service suspension until payment; it may only demand documented, actual costs. The charge must be proportional and does not limit the Consumer's rights.

§ 8. Final Provisions