By using Hosixy’s (“Hosixy”, “our”, “us” or “we”) products and services, you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS. INTERPRETATION The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates’ commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies. ILLEGAL USE Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law. SPAM All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not “opted-in” to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Hosixy upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an “opt-in” process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and “opt-in” elections and provide such records to Hosixy upon its request. If a user cannot provide positive and verifiable proof of such consents and “opt-in” elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following: • use of our network for the receipt of replies to unsolicited mass e-mail; • forgery of e-mail headers (spoofing); • spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software; • configuration of a mail server to accept and process third-party messages for sending without user identification and authentication; • hosting web pages advertised within “spam e-mail” sent from another network (spamvertising); • hosting web pages or providing services that support spam; • any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and • instructing others in any activity prohibited by this AUP. If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, your VPS may be suspended and possibly terminated upon review. If we deem your account at risk for repeated AUP infractions, we may suspend and/or terminate all VPSs on it. HARDWARE RESOURCE USAGE As in all virtual server environments, CPU cores and disk I/O are shared among multiple VPSs. If your VPS is consistently maxing out one full core or more and impacting the performance of other client servers sharing the same host node, we may ask you to reduce your usage. Load may be generated by CPU usage and/or I/O. Disruptive load may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved. NETWORK Although we have the ability to absorb and tolerate occasional DDoS attacks, clients who have not purchased our optional DDoS filtering and who are targeted with frequent and/or disruptive attacks may be suspended and/or terminated. In addition, we do not allow port scanning or UDP floods to be sent from our network. Accounts sending floods, port scanning, and/or creating artificial traffic will be suspended and/or terminated. If your VPS is found to be degrading the connection speed of other VPSs, you will be notified via ticket and asked to reduce your usage. SECURITY Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for: • introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers; • causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information; • executing any form of network activity that will intercept data not intended for your server; • evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks; • interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack; • conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information; • soliciting the performance of any illegal activity, even if the activity is not performed; • using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session. The preceding list is an example and not an exhaustive list of prohibited activity. DMCA / LEGAL Please report violations of this AUP, including copyright infringement/DMCA, to abuse[at]hosixy.com.