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Home/Acceptable Usage Policy

Acceptable Usage Policy

1.1 General Information

OffshoreKaka (“the Company”, “we”, “us”) provides web hosting, virtual private servers, dedicated servers and related services (the “Services”). This Acceptable Usage Policy (the “AUP”) supplements and explains certain terms of each customer’s service agreement, and is a guide to a customer’s rights and obligations when using the Services.

We believe the internet is a forum for open discussion and the free movement of information, and we host in jurisdictions that protect that principle. Where competing interests arise, the Company reserves the right to take preventative or corrective action as set out below.

The Company does not pre-screen, monitor, review, edit or censor the content customers place on the Services. Customers carry the same legal responsibility for what they publish as any other author, including in respect of copyright, defamation and other unlawful speech.

This AUP is revised from time to time. Continued use of the Services after a revised version is published on this page constitutes acceptance of the revised terms. Customers, users and visitors are referred to collectively as “Customers”.

1.2 Scope

This AUP governs the use of all Services and is incorporated by reference into every contract we enter into with a Customer. It is also incorporated into the Terms of Service applicable to this website, so that no person using this website — whether or not they are a Customer — may take any action through it that a Customer would be prohibited from taking through the Services.

Where this AUP and the Terms of Service conflict, the Terms of Service prevail.

1.3 How We Handle Content Complaints

Our servers are located in the Netherlands and Germany, so a complaint about content hosted on them is assessed under Dutch law, German law and EU law, including the notice-and-action requirements of the EU Digital Services Act. Every complaint that has legal force in that jurisdiction is acted on. We do not censor Customers on the basis of viewpoint, and the following, on their own, are not sufficient grounds for us to remove lawful content:

  • Copyright complaints submitted under a foreign statutory regime that does not govern the jurisdiction where your server sits. We are an EU-based provider and not a United States service provider, so a notice served under the US DMCA is assessed under Dutch and German law and the EU Digital Services Act rather than under the DMCA process. A copyright complaint that is valid under the law that does apply to us is acted on.
  • Informal or commercial pressure from competitors, reputation-management firms or other parties with no legal standing.
  • Complaints about lawful speech, political content, journalism, whistleblowing, unpopular opinion, or other lawful material that a complainant simply finds objectionable.
  • Requests for customer data that do not arrive through a formal, valid legal channel in the Netherlands or Germany.

A complaint seeking removal of lawful content should be accompanied by an order of a competent Dutch court. Without one, the complainant will need to take the matter up directly with the website operator.

Where we do receive a properly constituted legal order from a competent authority in the jurisdiction where the server sits, we are required to comply, and we will. Where the law permits us to notify you first, we will do so.

This section does not apply to section 1.4. Where a report concerns anything listed there — CSAM, phishing, malware, attack infrastructure, fraud, financial crime or spam — it is actioned on its evidence, immediately, whatever legal form the report arrives in and wherever it comes from.

Upstream and data-centre notices. Our servers sit in data centres operated by third-party providers in the Netherlands and Germany, and our contracts with those providers bind us to their acceptable-use terms. Where a data centre or upstream network operator escalates an abuse report to us, we are required to act on it and we do: we notify you, we require the issue to be resolved inside the deadline the provider has set, and we suspend the Service if it is not resolved in time. This applies to every Service, and nothing elsewhere in this section overrides it.

1.4 Prohibited Acts — All Services

The following are prohibited across every Service we offer, including but not limited to:

  • Child sexual abuse material (CSAM), underage nudity, and any sexual content involving models under 18 or represented as such.
  • Spam, unsolicited bulk email, mass mailing, and hosting sites advertised by spam sent elsewhere (spamvertising). See section 7.
  • Phishing sites, scam and fraudulent websites, and redirects or gateways leading to them.
  • Malware, viruses, trojans, ransomware and exploit kits, whether hosted, distributed or staged.
  • Botnet controllers, remote access trojans, stressers and booters.
  • DDoS attacks, packet flood scripts, SYN flooding, IP spoofing, amplification and port scanning.
  • Password scanning, password-guessing tools, vulnerability scanners and SIP scanners.
  • Hacking, unauthorised monitoring, and any attempt to subvert the security of systems you do not administer.
  • Terrorist content, and content that incites or coordinates violence against people.
  • Illegal pharmaceutical sales, and the sale or distribution of illegal substances.
  • Financial fraud schemes, including Ponzi and pyramid schemes, high-yield investment fraud and money laundering.
  • Forex-related operations, and anything related to in-game virtual currencies or generators thereof.
  • Unlicensed IPTV services.
  • Sale or distribution of replica or counterfeit items.
  • Websites distributing hacks or cheats.
  • Any activity likely to result in our IP space being listed by Spamhaus, SpamCop, StopForumSpam, anti-virus vendors or comparable blocklists.
  • Any use that is a criminal offence under the law of the Netherlands or Germany.

This list is illustrative, not exhaustive. Marketing language such as “offshore” or “DMCA ignored” does not create an exemption from any item above.

1.5 Additional Rules — VPS and Dedicated Servers

Everything in section 1.4 applies. In addition, if your server causes problems for other customers or for the wider network — for example by attracting large inbound attacks, or by saturating the uplink or disk subsystem — we reserve the right to rate-limit the service, null-route the affected address, or require a move to more appropriate hardware, in order to protect the stability of other customers.

Game hosting servers are not permitted on shared or standard VPS plans; contact us before deploying one so we can place it on suitable hardware.

1.6 Additional Rules — Shared Web Hosting

Everything in section 1.4 applies. Shared hosting is a shared resource, so the following also apply:

  • Sustained excessive CPU, memory, disk I/O or bandwidth use that degrades other accounts on the same server. Where this happens we will ask you to upgrade to a VPS or dedicated server.
  • Using a shared account primarily as a file, backup, video or torrent repository rather than to serve a website.
  • Scripts, daemons or cron jobs designed to circumvent account limits.

1.7 Content Considerations

  • Tor services: Tor exit and relay nodes may only be run on our dedicated server network with dedicated bandwidth. They are not permitted on shared hosting or standard VPS plans.
  • IRC: Lawful use of IRC is permitted. IRC may not be used to distribute or coordinate anything prohibited in section 1.4.

Traffic routing. Website traffic must be routed through the dedicated CNAME record we issue you, rather than pointed directly at your server’s IP address. This is a network security requirement, not an anonymity feature. Routing through the CNAME places your site behind our filtering layer, so that inbound denial-of-service traffic is absorbed there instead of reaching your server and saturating the shared uplink that other customers depend on. It does not conceal your identity from us, it has no effect on any lawful request we receive, and your account, billing and contact records are unchanged by it.

1.8 Customer Responsibility for Third-Party Use

You may resell, share or otherwise allow third parties to use the Services you have purchased. If you do, you expressly agree that:

  • You remain fully and solely responsible for all activity carried out on or through the Service, regardless of who performs it.
  • Any violation of this AUP by a third party using your Service is treated as a direct violation by you.
  • We may apply any remedy in section 2 directly against your account, without prior notice to the third party.
  • You are responsible for making your own users aware of this AUP and the Terms of Service.

1.9 Unlicensed Software

We do not monitor the software a Customer installs. Obtaining appropriate licensing is your responsibility. If a software vendor raises a substantiated complaint, we may ask you to remove the software or produce a valid licence in order to keep it running on our network.

2. Violations and Remedies

Disclaimer. The Company expressly disclaims any obligation to monitor Customers for violations of this AUP, and accepts no liability for the actions of any Customer or for content a Customer publishes.

Remedies. Where we become aware of a violation — including one committed by a Customer’s own end users — we will respond to the purchasing Customer and may, at our discretion and proportionate to the severity and duration of the violation:

  • issue a warning with a period in which to remedy the issue; and/or
  • suspend the affected Service; and/or
  • terminate the affected Service; and/or
  • apply charges to the account in accordance with the service contract; and/or
  • take any other action permitted by this AUP, the service contract or applicable law.

Where the violation falls under section 1.4 and we can substantiate it with evidence, we reserve the right to terminate immediately and to decline further support on any other active service held by the same Customer.

Where a Service is terminated for an AUP violation, no refund is provided.

3. Reservation of Rights

The Company reserves the right to cooperate with the appropriate legal authorities in investigations into claims of unlawful activity involving the Services, where those authorities act through valid legal process in a jurisdiction that has authority over us or over the equipment concerned.

We may use technical means to monitor traffic entering and leaving our network for the limited purposes of preventing hostile code, preventing intrusion and enforcing this AUP. This is network-level abuse prevention; it is not inspection of your content, and we do not perform it for any other purpose.

4. Suspension Process

Where we detect suspicious activity or a likely breach, our normal practice is to contact you first and give you an opportunity to respond. If you do not respond, or the activity is severe and ongoing, we will act without further notice, up to and including suspension or termination.

Section 1.4 items involving CSAM, active attack infrastructure or live phishing are terminated immediately and without notice.

5. Reporting Abuse

Anyone may report a suspected violation through our abuse reporting form. Reports are investigated on the evidence supplied, and we aim to complete an initial investigation within 24–48 hours.

Please include the specific URL or IP address, the nature of the issue, and evidence. Reports that amount to a commercial complaint about lawful content, or that assert a copyright claim with no force in our host jurisdiction, will be closed with an explanation rather than acted upon — see section 1.3. Knowingly false reports may be referred for legal action.

6. Billing and Refunds

We offer monthly, quarterly, semi-annual, annual and biennial billing depending on the plan. There is no minimum contract period.

A 3-day money-back guarantee applies to shared hosting products only; see our Refund Policy for the full terms. Services terminated for an AUP violation are not eligible for a refund under any circumstances.

Our billing automation runs at 02:00 IST. Invoice generation, cancellation, suspension, termination and late-fee processing all occur at that time. We accept international and Indian credit and debit cards, net banking, IMPS, UPI, RTGS, NEFT and cryptocurrency.

7. Zero Tolerance Spam Policy

We take a zero-tolerance stance on unsolicited email, bulk emailing and spam. “Safe lists” and purchased lists are treated as spam. Any account sending spam is terminated without notice.

Sites advertised via spam — whether by email, fax, instant messaging or Usenet — may not be hosted on our servers. No organisation listed in the Spamhaus ROKSO may be hosted with us. Any account that causes our IP space to be blacklisted will be suspended or terminated immediately.

8. Relationship to Other Policies

This AUP should be read together with our Terms of Service, Privacy Policy and Refund Policy. The Terms of Service are governed by the law of the Netherlands.

Last updated: 9 August 2026

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