This Acceptable Usage Policy (the “Policy” or “AUP”) is an integral part of your agreement with 247rack, Inc., a Delaware corporation (“247rack”) for the provision of services (collectively the “Services”) set forth on the Service Order.
This Policy is designed to help protect 247rack’s customers from irresponsible and/or illegal activities. The Policy is a non-exclusive list of the actions prohibited by 247rack, and 247rack reserves the right to modify the Policy at any time, effective upon notice to you. 247rack reserves the sole and absolute right to interpret, apply, define and implement this Policy.

Illegal Use

Any use of 247rack Services in a manner which is defined or deemed to be statutorily illegal is a direct violation of 247rack’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “Ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

Export Regulations

You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom 247rack is legally prohibited to provide the Services. You may not use the Services for the development, design, manufacture,

production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations,

or as otherwise prohibited by law, nor may you provide administrative access to the Service to any person (including any natural person or government or private entity) that is located in or is a national of any country that is embargoed or highly restricted under United States export regulations.

Offensive Content

You may not use any 247rack Service to distribute content or links to content that 247rack reasonably believes:

• Constitutes, depicts, fosters, promotes or relates in any manner to adult content, including, without limitation, child pornography, bestiality, or non-consensual sex acts;
• Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
• Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• Is defamatory or violates a person’s privacy;
• Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with an investigation by law enforcement;
• Improperly exposes trade secrets or other confidential or proprietary information of another person;
• Is intended to assist others in defeating technical copyright protections;
• Infringes on another person’s copyright, trade or service mark, patent or other property right;
• Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
• Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to 247rack;
• Is otherwise malicious or fraudulent, or may result in retaliation against 247rack by offended recipients; or
• Is intended to harass or threaten.

Child Pornography

247rack has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and 247rack’s AUP.

Denial of Service

247rack absolutely prohibits the use of services or network services for the origination or control of denial of service (“DoS”) attacks or distributed denial of service (“DDOS”) attacks. Any relation to DoS or DDoS type activity is a direct violation of 247rack’s AUP.

Server Abuse

Any attempts to undermine or cause harm to a 247rack server or subscriber of 247rack is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access;
• Accessing data or taking any action to obtain services or information not intended for you or your use without the consent of the owner;
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the 247rack’s systems;
• Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Interfering with, intercepting or expropriating any system, data or information which you do not have the right to access; and
• Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.

You agree that we may quarantine or delete any data stored on the 247rack network if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the network or other customers’ data that is stored on the network.

IRC

We do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also, any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies

We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

Game Servers

We do not allow game servers (dedicated game server programs) of any kind.

Fraudulent Activities

247rack prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and 247rack’s AUP.

Distribution of Malware

247rack prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity; provided, however, programs used in the normal ordinary course of business are deemed acceptable. As an example, a security company hosting at 247rack analyzes the latest root kit for new security analysis/software.

Phishing

247rack strictly prohibits any activity associated with phishing or systems designed to collect personal information (name, account numbers, user names, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

HYIP or Ponzi Schemes

High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and/or advertising via email websites or schemes designed to defraud.

Vulnerability Monitoring and Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a 247rack system, subsystem or network or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without 247rack’s express written consent.

IP Address Usage

You may only use IP addresses assigned to you by 247rack in connection with your 247rack Services. You agree that if the 247rack IP addresses assigned to your account are listed on an abuse database, you will be in violation of this AUP, and 247rack may take reasonable action to protect its IP addresses, including suspension and/or termination of your Service, regardless of whether the IP addresses were listed as a result of your actions.

Bulk Mail

You may not use any 247rack Service to send Bulk Mail. “Bulk Mail” means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. A mail message sent to other users within your domain names hosted on the 247rack system is not considered Bulk Mail.

Unsolicited Mail

You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email. You may not send email of any kind to a person who has indicated that they do not wish to receive it. Any such email shall comply with all laws and regulations, including without limitation, the CAN SPAM Act.

Message Source

You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.

Email Abuse Complaints

Complaints from email recipients and third-party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. 247rack shall have the right to terminate your mail service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.

Blacklisting/Retaliation

247rack may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third-party, or 247rack is retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.

UseNet SPAM

The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of 247rack’s AUP. This includes UseNet services located within the 247rack network or unrelated third party networks.

Contact Information Filed with Domain Name Registrar

You must have valid and current information on file with your domain name registrar for any domain hosted on the 247rack network. You agree that if you register a DNS record or zone on 247rack managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrar’s WHOIS system, that, upon request from the registrant or administrative contact according to the registrar’s WHOIS system, 247rack may modify, transfer, or delete such records or zones.

247rack Administrative Access

You, the customer, acknowledge that to facilitate efficient server management, inventory and related activities, the 247rack servers may include a 247rack administrative account and password and/or a 247rack daemon. All reasonable precautions are made by 247rack to maintain the security of these tools and the privacy of client data. You will not tamper, hinder, delete or in any way change the functioning of these tools.

Resellers: If you resell, rent or otherwise allow third parties to use any 247rack Services, you are responsible for use of the Services by such third parties in violation of this AUP to the same extent as if you were using 247rack Services yourself. You are also responsible for all accounting and support for your end customers.

Disclosure to Law Enforcement

Occasionally, 247rack is required by law to submit customer information to law enforcement officials when presented with a valid subpoena or order from a court or governmental entity. Information requested is disclosed as directed pursuant to the subpoena or order. 247rack utilizes great care in keeping customer information safe and private and will only release information described in the subpoena order. 247rack will notify customer of the information request to the extent permitted by the subpoena or order.

Reporting Violation of the Acceptable Use Policy

247rack accepts reports of alleged violations of this AUP via Report Abuse.

Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. 247rack owes no duty to third parties reporting alleged violations; provided, however, 247rack will use commercially reasonable efforts to review all verified third-party reports and will take appropriate actions as described within the resolution process as set forth in Table A below.

Table A: Resolution Process for Violations of 247rack’s Acceptable Use Policy

The ultimate goal of this AUP by 247rack is to balance the rights of our customers while ensuring full compliance with this AUP. The goal of our Resolution Process is to mitigate service interruptions while resolving potential violations under this AUP. Our staff is dedicated to working with the customer in resolving potential violations. The resolution process below provides the process for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third-party litigation, or other related factors. Overall, 247rack is dedicated to working with the customer in resolving all potential violations prior to any service interruptions.

Step 1: First alleged violation of AUP:

a ticket will be generated under the customer’s My247rack account with information regarding the potential violation of 247rack’s AUP. This is often a fact-finding inquiry requiring further information or notifying customer of the potential violation and the required actions to resolve the issue.

Step 2: Acknowledgement of violation of AUP:

a ticket is generated under the customer’s My247rack account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.

Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time:

247rack engineers will turn the public network port to the specified services off. Access to the services may then be achieved through the secure private service network for customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.

Step 4: Failure to address violation and resolve violation:

if customer fails to address the violation AND resolve the violation, a suspension of services may occur in 247rack’s sole discretion. This is a last resort for 247rack and only results when the customer completely fails to participate in 247rack’s resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of customer’s data.

Disclaimer: 247rack retains the right, at its sole discretion, to refuse new service to any individual, group, or business. 247rack also retains the right to discontinue service to customers with excessive and/or multiple repeated violations. No credit will be available under 247rack’s Service Level Agreement for interruptions of service resulting from AUP violations.