ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into FiveRack’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. FiveRack may modify this AUP at any time without notice.
You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the State of Texas, is prohibited. This includes, but is not limited to the use of the Services in connection with: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold FiveRack harmless from any claims resulting from your use of the Services.
FiveRack reserves the right to terminate the Services for any Customer that exposes FiveRack to legal liability or threatens its ability to provide services to other customers.
1. Prohibited Uses
FiveRack does not allow any of the following, without limitation, on FiveRack’s servers:
- Bitcoin Miners
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Child Pornography – Hosting, distributing, or linking to any material that exploits children
- Intellectual Property Infringement – Hosting, distributing, or linking to infringing content
- CPU/Memory/Resource Abuse – Consuming excessive amount of server resources causing server performance issues
- DoS Source – Source of Denial of Service attack
- DoS Target – Target of Denial of Service attack
- File Scripts – File Dump/Mirror scripts (similar to rapidshare)
- Forgery – Faking an IP Address, hostname, e-mail address, or header
- Fraud Site – Hosting or linking to a website intended to deceive the public including
- HYIP – Hosting or linking to a high yield investment program website
- Identity Theft – Hosting, distributing, or linking to stolen account identification information
- Infection – Hosting, distributing, or linking to exploits, trojans, viruses, or worms
- Investment Sites – Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites
- IRC – Hosting Internet Relay Chat Server, including IRC Scripts/Bots
- Mass Storage – Storing mass amounts of backups, archives, videos, etc.
- PayDay Loan Sites – Hosting any site related to PayDay loans, PayDay loan affiliate programs, etc.
- Peer-to-peer file sharing
- Pharmacy Sites – Hosting sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription
- Phishing – Committing identity theft by email under false pretense
- Proxy Site – Hosting or linking to an anonymous proxy server
- Push button mail scripts
- Exceeding 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
- Spam Email – Sending Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
- Spam List – Hosting, distributing, or linking to email address lists for spam
- Spam Site – Hosting a site advertised by spam email or spam web
- Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming
- Spam Web – Unsolicited, bulk, or forged site advertisement in web logs, forums, guestbooks, or social media
- Spamhaus – Spam causing blacklisting of an IP at spamhaus.org for malicious activity
- Terrorist Site – Hosting or linking to a site advocating terrorism
- Toolz – Hosting, distributing, or linking to tools or instructional material on hacking/cracking or other illegal activityt
- URL shorteners
- Warez – Hosting, distributing, or linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
- Any other material FiveRack judges to be threatening or obscene
In addition, hosting accounts may not be resold unless the account is a reseller account, VPS, or dedicated server. You may not resell individual services within any single account such as web space, emails accounts, add-on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above.
2. Restrictions on Storage Space Usage
All accounts are subject to the following restrictions on storage space usage: a) accounts must have functional websites, and not be used for storage of backups, files, audio, video, zip files or others, as determined by FiveRack in its sole discretion; and b) accounts are not for use of mass distribution of files, such as torrents or mirrors, including magnet links for bittorrent. Any account found violating these conditions may be suspended or terminated without warning.
3. Other Restrictions on Usage
Without limitation to the foregoing provisions, each customer’s usage shall not exceed:
- 10% CPU Usage
- 5% Memory Usage or 512 MB Memory
- 50 Running Processes
- 15 Minute Max Execution Time
- 150,000 Total Inodes
- Hourly Outgoing Email Limits:
- 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
- For customers using Windows SmarterMail, there is a limit of 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
- For customers using hmail, there is a limit of 1000 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
4. Multi-Location Hosting
FiveRack does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. FiveRack also reserves the right to deny the transfer of any account to a new location for any reason.