Acceptable Use Policy

Effective Date: March 1, 2012

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Vagrant Aristocrat Web Hosting ("VA Hosting"). If you engage in any of the activities prohibited by this AUP document, VA Hosting may suspend or terminate your account.

VA Hosting's Acceptable Use Policy (the "Policy") for VA Hosting services is designed to help protect VA Hosting, VA Hosting's customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by VA Hosting. VA Hosting reserves the right to modify the Policy at any time, effective upon posting on the VA Hosting website.

Prohibited Uses of VA Hosting Systems and Services

1. Transmission, distribution or storage of 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 right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through VA Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on VA Hostings's servers, is prohibited. VA Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by VA Hosting customers must be closed-loop ("Confirmed Opt-in"). Purchasing lists of email addresses from third parties for mailing to or from any VA Hosting-hosted domain, or referencing any VA Hosting account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any VA Hosting customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the VA Hosting network or on another provider's network.

10. Using VA Hosting's Services to interfere with the use of the VA Hosting network by other customers or authorized users.

11. Utilizing VA Hosting's outbound mail servers to propagate dictionary attacks against any domain.

12. Fraud.

13. Violation of privacy rights, publicity rights, trade secret rights, or information security, including dissemination of material non-public information about companies without authorization, as well as harvesting or collecting information about Website visitors without their express consent.

14. Virus distribution or distribution of any worm or other harmful code.

Customer Responsibility for Customer's Users

Each VA Hosting customer is responsible for the activities of its users and, by accepting service from VA Hosting, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. This includes, but is not limited to, mailing list subscribers, website visitors, employees and agents of the customer and any party using customer's resources hosted by VA Hosting. Complaints about customers/representatives or end-users of a VA Hosting customer will be forwarded to the VA Hosting customer for action. If violations of the VA Hosting Acceptable Use Policy occur, VA Hosting reserves the right to terminate services with or take action to stop the offending customer from violating VA Hosting's AUP as VA Hosting deems appropriate, without notice.

Reporting Policy Violations

Violations to this policy should be reported to [email protected]

How VA Hosting Defines Spam

VA Hosting considers a message to be UBE or spam based on the consent of the receiving party, not the content. Any action that causes any of our servers, networks, or transit to be blacklisted will be viewed as a violation of this acceptable use policy. VA Hosting reserves the right to assess cleanup and remediation fees of up to $100,000.00 per message or $1,000.00 per attempted recipient (as defined by an SMTP "RCPT TO") when warranted by an account holder's actions or inaction. Accounts suspended or terminated for AUP violations are not eligible for a refund.