Acceptable Use Policy

1. Introduction

VPSLink.com is a division of Spry Web Hosting (the "Service Provider"). This Acceptable Use Policy ("AUP") is accepted as part of the Service Agreement ("Agreement") entered into by and between the Service Provider and any entity that pays or agrees to pay for services (the "Subscriber").

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 Promotion of 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 an 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 of AUP

The Service Provider reserves the right to monitor the use of the Service, to include network monitoring and file system access in the event of resource abuse or DMCA complaint.

The Subscriber agrees to pay fees listed in the Fee Schedule of the Terms and Conditions of Service (http://vpslink.com/about/legal/) related to the suspension, termination, and reactivation of the Service which results from a breach of this AUP.

4. Reporting Violations of AUP

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

Our security response team will investigate all complaints received.

5. Revisions to AUP

The Service Provider reserves the right to change the AUP at any time.

Notification of changes to the AUP will be sent by electronic mail to all active Subscribers.