VPSLink Acceptable Use Policy

1. INTRODUCTION

VPSLink.com is a division of Spry Web Hosting (the "Service Provider"). The VPSLink Acceptable Use Policy ("AUP") is intended to provide the best possible quality of service by preventing unacceptable use.

Those who pay a monthly service fee ("Subscribers") and make use of VPSLink's hardware, network, and virtual private server products (the "Service") must comply with this AUP.

2. VIOLATIONS OF ACCEPTABLE USE POLICY

The Service Provider, at its sole discretion, shall determine whether an act constitutes a violation of the AUP. The list provided as part of the AUP is meant to serve as a guideline and not a complete enumeration of prohibited activities.

The Subscriber will notify the Service Provider to request permission prior to engaging in any activity which may impact the quality of service for other Subscribers.

The following acts will be considered violations of the AUP:

2.1 ILLEGAL USE

To include:

• Using the service in any way which violates Federal, State, Local, or International law.
• Transmitting copyrighted material without authorization from the copyright holder
• Violating export control regulations

2.2 MALICIOUS ACTIVITY

To include:

• Willfully interfering with the regular operation of the Service
• Attempting to access any system which the Subscriber knows or reasonably should know that the Subscriber is not authorized to access in the manner or to the extent attempted
• Hosting any deceptive material for the purposes of phishing
• Running any password cracking software
• Running root exploit kits against other servers
• Distributing viruses, worms, or trojan horses
• Forging or misrepresenting message headers in whole or in part
• Scanning networks
• Threatening or encouraging bodily harm or destruction of property
• Violating of the rights of privacy or publicity of an individual

2.3 PROMOTING ILLICIT ACTIVITY

To include the promotion of:

• Any activities prohibited by Federal, State, Local, or International law
• Any activities which result in the spread of computer viruses or other damaging programs or data files
• Any activities which violate export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law)
• Hacking
• Gambling
• Circumvention of copyright or patent protection
• Exposure of any trade secret

2.4 UNSOLICITED BULK ELECTRONIC MAILING

To include:

• Transmitting any unsolicited commercial e-mail
• Transmitting any unsolicited bulk e-mail

The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Federal, State, Local, and International laws governing the transmission of electronic mail.

2.5 SPAMVERTISING AND RELATED ACTIVITIES

To include:

• Posting commercial, political, or advertising posts to public forums
• Issuing unsolicited trackbacks for the purpose of promotion
• Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
• Hosting a destination site linked from Unsolicited Bulk Electronic Mailing

2.6 ABUSE

To include:

• Consistent overuse of shared resources to the detriment of other Subscribers
• Operating an open proxy server or using the Service as part of a proxy network

2.7 INSUFFICIENTLY-SECURE ADMINISTRATION

To include:

• Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme
• Allowing an unauthorized third party to establish root access to Service provided by the Service Provider
• Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider
• Operating an open mail relay

3. ENFORCEMENT

The Service Provider reserves the right to monitor the use of the Service.

Should the Service Provider determine, at its sole discretion, the Subscriber has committed any act which violates this AUP, the Service Provider reserves the right to immediately suspend or terminate Service with or without notice to the Subscriber.

The Service Provider will send notification by e-mail to the contact e-mail address on file for the Subscriber in the event that an AUP violation which does not merit termination of Service is identified. Should the Subscriber fail to respond and take action to correct an AUP violation identified in a notification from the Service Provider, the Service provider shall suspend the Service until acknowledgment is received and apply a Service Suspension Fee in accordance with the AUP Fee Schedule.

The Subscriber agrees to pay all associated fees related to the suspension, termination, and reactivation of the Service.

3.1 SERVICE SUSPENSION

In the event that the Service is suspended, regular Service fees shall continue to accrue over the duration of time for which the Service is suspended.

3.2 SERVICE TERMINATION

In the event that the Service is terminated as a result of unacceptable use, a termination fee will be applied in accordance with the AUP's Fee Schedule.

3.3 SERVICE REINSTATEMENT

In the event that an account has been suspended three times for any AUP violation or terminated for any AUP violation, a Service Reinstatement Fee shall be applied in accordance with the AUP Fee Schedule and paid by the Subscriber before the Subscriber may acquire Service from the Service Provider.

4. FEE SCHEDULE

• SERVICE SUSPENSION FEE $15.00
• SERVICE TERMINATION FEE $50.00
• SERVICE REINSTATEMENT FEE $500.00

5. REPORTING VIOLATIONS OF ACCEPTABLE USE POLICY

If you believe you or your system was the subject of an attack originating from the Service Provider's network, contact us immediately.

Our security response team will investigate all complaints received.

6. REVISION TO AUP

The Service Provider reserves the right to change the AUP at any time, without prior notice.