Acceptable Usage Policy

This document sets forth the principles, guidelines and requirements of the Acceptable Usage Policy of FadconHost and its subsidiaries (‘Company’) governing the use by the Customer (‘Customer’) of the Company’s grid container services and products (‘Services and Products’). FadconHost is dedicated to providing top-quality service at a very affordable price. The following conditions are necessary to ensure that we may continue to provide the best possible service to all of our customers while simultaneously satisfying our legal and ethical responsibilities.

For several years, we have been cutting through the frustration of underperforming technology and poor service, delivering the power of the web to any organisation that needs it. Any violation of the AUPs may result in the suspension or termination of your account or any other action FadconHost deems appropriate. We reserve the right to modify the Policy at any time. FadconHost will be the sole arbiter of what constitutes a violation of any of these provisions.

Statement of Purpose

The Primary Purpose of FadconHost is to provide our clients with the resources necessary to relay their internet services online in a lightning-fast, high-availability environment that responds quickly to each client’s needs. This Acceptable Use Policy includes the following list of Prohibited Activities, which is an integral part of your Hosting Agreement with us. If you engage in any activities prohibited by this AUP policy, FadconHost may suspend or terminate your account at any time. We will investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected.

Regarding Ultimate Liability

The Customer is ultimately responsible for individual server security. Each Customer must use reasonable care in keeping scripts they run on the FADCONHOST’s servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. FadconHost claims no liability for the content.

What is NOT Permitted, this list contains SOME examples for clarity:

FADCONHOST’s services may only be used for lawful purposes. Users may not use FADCONHOST to engage in, foster, or promote illegal, abusive, or irresponsible behaviour, including:

● Utilising the Services to send mass unsolicited e-mails to third parties.
● Utilising the services to be involved in distributing tools designed to aid unsolicited bulk email.
● Utilising the Services in connection with any illegal activity, such as:
-> Fraudulent Sites (Including, but not limited to, sites listed at aa419.org & escrow-fraud.com)
-> Pirated Software/Warez
-> Bruteforce Programmes/Scripts/Applications
-> Mail Bombers/Spam Scripts
-> File Dump/Mirror Scripts (similar to Rapidshare)
-> Hateful/Racist/Harassment oriented sites
-> Hacker-focused sites/archives/programmes
-> Sites promoting illegal activities
-> Forums and websites that distribute or link to warez/pirated/illegal content
● Copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorisation.
● Misappropriate or infringe any third party’s patents, copyrights, trademarks, or other intellectual property rights.
● Gain unauthorised access to the computer networks of FADCONHOST or any other person.
● Commercial Audio Streaming (more than 10+ streams)
● Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt, destroy or damage the operation of the Services.
● Proxy Scripts/Anonymizers.
● Violate any applicable state, federal and international law.
● IRC Scripts/Bots. This includes but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.
● Post messages, run scripts or run software programs that consume excessive CPU time or storage space.
● Escrow/Bank Debentures.
● Intended to use DiskSpace / Bandwidth / Memory more than fair usage to disrupt service.
● Sale of any controlled substance without prior proof of appropriate permit(s).

Customer Responsibility for Customer’s Users

Each FadconHost customer is responsible for the activities of its users and, by accepting service from FadconHost, agrees to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a FadconHost customer will be forwarded to the FadconHost customer’s postmaster for action. If violations of the FadconHost Acceptable Use Policy occur, FadcoHost reserves the right to terminate services with or take action to stop the offending customer from violating our AUP as FadconHostd deems appropriate, without notice.

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward FadconHost but also because it can overload the FadconHost network and disrupt service to FadconHost subscribers. Also, maintaining an open SMTP relay is prohibited. FadconHost will investigate and shut down the spamming account when a complaint is received.

FadconHost does not allow the use of mail servers for bulk mailing in any form. Newsletters and subscription lists may be used with prior authorisation from FadconHost, and under no circumstances are you allowed to send out any form of bulk emails for another person, company, or other entity.

Passwords

You agree not to use weak passwords for services running on standard ports. If your server is compromised due to a weak password, your service will be suspended without warning. For a password to be considered acceptable, it must contain at least 1 x unique character, 1 x upper-case letter, 1 x lower-case letter, and 1 number.

Adult-Oriented Content
FadconHost allows 18+ adult content that is deemed legal in the Country and state your Services are located in. Child Porn is not allowed. FadconHost reserves the right to request and remove any content it deems illegal or offensive.

Remedies

If FadconHost learns of a violation of the AUP, then FADCONHOST may take any of the following actions by the severity and duration of the violation:

● Warning the User.
● Removing the offending content.
● Suspending the offending User from the Services.
● Terminating the offending User from the Services.
● Imposing fees or charges on the offending account following the applicable service contract.
● Taking other action by this AUP, the applicable service contract, or applicable law.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to spam issues or script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. The customer’s account will be suspended, and we will recommend that the customer find a new host. A backup of the account(s) will be provided.