ACCEPTABLE USE POLICY

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THIS ACCEPTABLE USE POLICY (hereinafter "agreement") IS BY AND BETWEEN Krosting (hereinafter "service provider") AND THE ACCOUNT HOLDER AND / OR CUSTOMER (hereinafter "user"). BY SUBSCRIBING TO AND / OR USING ANY SERVICE PROVIDED BY THE SERVICE PROVIDER, THE USER SIGNIFIES THAT THEY HAVE READ, UNDERSTOOD AND AGREES WITH THIS AGREEMENT.

1. Preamble

This agreement is applicable to any and all hosting accounts within the service provider's network. This includes (i) shared hosting accounts; (ii) reseller hosting accounts; (iii) virtual private server accounts; (iv) dedicated server accounts.

Any breach of this agreement will result in the immediate suspension of the user's account, and any accounts associated with the user, without notice to the user. Severe breaches of this agreement, as determined solely by the service provider, may result in the termination of the user's account without notice to the user.

This agreement is part of the Terms of Use document associated with the particular hosted account type (Shared, Reseller, Virtual Private Server (VPS) / Dedicated Server).

2. Content

All services provided by the service provider may only be used for lawful purposes. The service provider reserves the right to monitor both manually and automatically, any content on the servers to ensure that the user has not breached this agreement. Should such content be found which breaches or can be used to breach this agreement, then such content may be removed from the servers without notice to user, and the account suspended. At such time, the user will receive an email from abuse@krosting.net, and the user must respond to this email before account will be reinstated.

As defined in this agreement, content includes, but is not limited to, the following:

2.1 Shared and Reseller Acceptable Content Policy

Any content deemed unlawful or in breach of copyright laws is deemed unacceptable content. Unacceptable content includes, but is not limited to:

IRC Bots; Proxy Scripts / Anonymizers; Pirated Software / Warez; File dump services (services similar to rapidshare); Top-sites; locally hosted chat scripts; Investment Sites (FOREX, egold exchange, etc.); Escrow; High-Yield Interest Programs (HYIP); Pyramid Schemes; Auto-surf Sites; Bank Debentures; Bank Debenture Trading Programs; Prime Banks Programs; Lottery Sites; Hate sites; Hacker focused sites / archives / programs; Sites promoting illegal activities; Brute Force programs; Mail bombers; SPAM scripts (This includes mailing scripts which allow others to send SPAM through these scripts); Any scripts which intentionally, or unintentionally, effect the resources of other users; any services or daemons; content which effects the stability of the server and the quality of service for other customers / users.

Any content which has been deemed unacceptable by the service provider may result in the user's site being suspended without notice. Any content found to be question, the user will be contacted from abuse@krosting.net (see section 7).

2.2 Virtual Private Servers and Dedicated Servers

Any content deemed unlawful or in breach of copyright laws is unacceptable content. Unacceptable content also includes, but is not limited to:

IRC Bots (see section 2.2.1 for exceptions); Pirated Software / Warez; Top-sites; Investment Sites (FOREX, egold exchange, etc.); Escrow; High-Yield Interest Programs (HYIP); Pyramid Schemes; Auto-surf Sites; Bank Debentures; Bank Debenture Trading Programs; Prime Banks Programs; Lottery Sites; Hate sites; Hacker focused sites / archives / programs; Sites promoting illegal activities; Brute Force programs; Mail bombers; SPAM scripts (This includes mailing scripts which allow others to send SPAM through these scripts); IRC servers (see section 2.2.1 for exceptions); any services which intentionally, or unintentionally effect the resources of other customers.

2.2.1 IRC

The service provider MAY allow IRC services, should the ability to do so be requested upon start-up of certain Virtual Provide Server and Dedicated Server packages. The service provider reserves the right to discontinue the use of IRC at any time, for any reason. Following the notice of the discontinuation of IRC, the user acknowledges that there is a twenty-four (24) hour window to cease IRC servers. Failure to do so will result in immediate suspension of account until IRC services are stopped.

By utilizing IRC, the user agrees that they may be subject to Distributed Denial of Service attacks (DDoS), and that they are at greater risk for attack. The user also recognizes that having IRC allowed may have lower quality of service and greater downtimes. The service provider uptime agreement is waived on IRC servers.

2.3 Right to Content Refusal

Any content that, in the service providers sole judgement, is considered obscene or threatening is prohibited and will be removed from or service with or without notice to the user. Any content that infringes on the resources of other customers, tries to gain access to other customer's accounts, or breaches this agreement in any form, in part or whole, is prohibited and will be removed from the server with or without notice to the user.

2.4 Unauthorized Content

Any content which is of potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Reseller Hosting Accounts: the service provider will suspend the site in question and will notify the user so that the user can terminate the account. The user will be monitored for further activity of this nature. Any more infractions of this type will result in the immediate suspension of the reseller account, and subsequently all sub accounts, with or without notice to the user. Further infractions may result in termination of the account.

All other customers: Your services may be terminated with or without notice for violations of this type.

Any and all violations of this type will be reported to the appropriate law enforcement agency.

3. Zero Tolerance SPAM Policy

The service provider has a zero tolerance policy against SPAM of any type originating from the servers. SPAM includes the sending of unsolicited email, bulk e-mailing and SPAM. "Safe lists" are considered SPAM under this agreement.

Any sites advertised via SPAM may not be hosted on the service provider's servers. This includes, but is not limited to, SPAM sent via fax, email, instant message, or Usenet / Newsgroups. No organization or entity listed in the ROKSO database (http://www.spamhaus.org/rokso/index.lasso) may be hosted on the service provider's servers.

The service provider reserves the right to require changes or disable as necessary any web site, account, database or other component that does not comply with these terms, or to make any other changes in an emergency at its sole discretion.

The user acknowledges and agrees to pay any fees associated with SPAM e-mail cleanup, or investigation into the incident to the service provider, the amount of which is in the service provider's sole discretion, up-to and including $175.

4. E-Mail

4.1 Limits

There is a 200 hourly email limit per domain. This email limit is also applied towards mailman and any mailing list services. If you send over this amount in any hour, most of the e-mails will not be received by their intended recipients, and may be returned to the user with an undeliverable error.

Many servers have a 60 post-office-protocol (POP) email checks per hour limit, per domain. If the user exceeds this amount, the user may receive a wrong password or similar error. Such error may last up to one (1) hour before access to POP email is restored.

Any mailing list larger than five-thousand (5,000) recipients is prohibited on shared hosting and reseller hosting accounts. Such mailing lists will need to be hosted on Virtual Private Servers or Dedicated Servers.

4.2 Mailing List Rules

Any mailings sent from the server must be throttled. Failing to throttle the sending of mailing lists may cause the server to become slow and crash. Such actions may result in the user's account being suspended and the mailing's being terminated. Repeated office may result in the account being terminated. A throttle of one (1) email every six (6) seconds is or more strongly recommended.

Any mailing list which consists of more than 900 recipients, may only send mail to these recipients during off-peak hours. Off-peak is defined as Saturday and Sunday, as well as 1am Ð 8am eastern standard time, Monday to Friday.

Mailing to a mailing list that was acquired by either purchase or gift, is considered SPAM (see section 3).

Any mailing list must compy with all guidelines set forth by the United States. These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

No direct SMTP mailers are allowed. An example is DarkMailer. Mail should be relayed through the local MTA (localhost:25) for further delivery by the server, and not done by scripts.

5. Resources

At no time should the user attempt to circumvent bandwidth allocation, space allocation, or resource allocation procedures, which exist to ensure the user does not use more resources than has been allocated to such user. Should such user circumvent these procedures, than such user's account maybe suspended or terminated with or without notice. Attempting to circumvent these procedures in a breach of this agreement, and the user acknowledges that he / she would be responsible for any and all associated fees / charges that incur as a result of the unauthorized usage.

This section also covers circumventing suspended accounts. Any attempt to do so is also a breach of this agreement, and such actions would result in immediate account termination.

6. Account Access

By utilizing these services, the user agrees that he / she will only access their own account. Any attempt to access other users accounts on the server, or using resources of other users on the server is grounds for immediate termination. Such action will be reported to the appropriate authorities.

7. Abuse Department and Contact

Any user account which is in breach of this agreement, will receive an e-mail message from the Abuse Department (abuse@krosting.net). Depending on the breach of this agreement, the user will have forty-eight (48) hours to respond before their account is terminated. This excludes sections above which involve immediate termination of account.

Any user account which has been reported by 3rd party sources of being in breach of this agreement, will receive an email from the Abuse Department (abuse@krosting.net). The user will have forty-eight (48) hours to respond to the email from the Abuse Department to rebut or justify the claims made against the account. Should the user not respond within forty-eight (48) hours, then the account will be suspended with or without notice. Normal suspension procedures will follow (see Terms of Use section 6).

8. REPORTING A BREACH OF THESE TERMS

Should you wish to report a breach of this agreement, please email abuse@krosting.net. Please notify us of the domain, a description of the action which has taken place, any associated links or e-mails (in the case of SPAM), as well as the date the breach of this agreement took place.