Acceptable use Policy

This Acceptable Use Policy (“AUP”) governs the use of Sproutserver.com (“Sproutserver”) web hosting service.

Sproutserver has developed an AUP, which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing Sproutserver services. This AUP will be revised from time to time. A customer’s use of Sproutserver after changes to the AUP is posted on Sproutserver web site. Sproutserver will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Sproutserver regarding the interpretation of this AUP, Sproutserver interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact us

Following, the Acceptable use Policies provide more detailed information regarding what is acceptable use of our products and services.

Offensive Content

You may not publish or transmit via Sproutserver service any content that Sproutserver reasonably believes:

  1. constitutes child pornography;
  2. constitutes pornography;
  3. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  4. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  5. is defamatory or violates a person’s privacy;
  6. 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;
  7. improperly exposes trade secrets or other confidential or proprietary information of another person;
  8. is intended to assist others in defeating technical copyright protections;
  9. clearly infringes on another person’s trade or service mark, patent, or other property right;
  10. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  11. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Sproutserver; or
  12. Is otherwise malicious, fraudulent, or may result in retaliation against Sproutserver by offended viewers.

Content “published or transmitted” via Sproutserver service includes web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Sproutserver.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

UCS / Spam

The abuse and misuse of email is a serious problem and Sproutserver cannot and will not tolerate it. This policy covers all servers and domains on our network.

Definition of UCS (Unsolicited Commercial Email), or spam:

  1. The bulk UCS, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to Sproutserver or any URL (domain) that is hosted by Sproutserver.
  2. Unsolicited postings to newsgroups advertising any IP or URL hosted by Sproutserver.
  3. The use of web pages set up on ISPs that allow spamming (also known as ghost sites) that directly or indirectly reference customers to domains or IP addresses hosted by Sproutserver.
  4. Advertising, transmitting or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam.
  5. Forging or misrepresenting message headers, whether in whole or in part, to mask the true.

Bulk Commercial Email

You must obtain Sproutserver advance approval for any bulk commercial email, which will not be given unless you are able to demonstrate all of the following to Sproutserver reasonable satisfaction:

  1. Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
  2. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
  3. You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honour recipient’s and Sproutserver requests to produce consent evidence within 72 hours of receipt of the request.
  4. The body of the email must describe how the email address was obtained, for example, “You opted in to receive this email promotion from our web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your email address please contact us at abuse@yourdomain.com”.
  5. You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honoured within 72 hours, and you notify recipients that their revocation of their consent will be honoured in 72 hours;
  6. You must post an abuse@yourdomain.com email address on the first page of any web site associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  7. You must have a Privacy Policy posted for each domain associated with the mailing;
  8. You have the means to track anonymous complaints;
  9. You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the “TO” line of the email; and
  10. You otherwise comply with the CAN-SPAM Act and other applicable law.

These policies apply to messages sent using your Sproutserver service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Sproutserver service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. Sproutserver may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited Email

You may not send any unsolicited email, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Sproutserver services.

Shared Server Resource Abuse

Sproutserver allows CGI, PHP, Perl and many other normal processes used for hosting on all shared servers. These processes can be resource intensive however, and because a virtual server must be shared with other users, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. Therefore any program (application, script, etc…) or usage that consumes too many resources that impacts other customers in either performance or reliability is considered resource abuse. Shared servers are “shared” and we all need to play fair.

Any site whose traffic, programs and/or processes are using excessive amounts of system resources, excessive amounts is defined as any amount that results in substantial degradation of server performance. Sproutserver is the sole determinant of what constitutes degraded server performance.

  1. Flat file database driven forums.
  2. Background running processes.
  3. Cron Job discretion.
  4. Mailing lists.
  5. Programming scripts that consumes excessive system resources more than designated server performance.

Ban on Exploitable Scripts

Commonly used scripts are frequently exploited to allow unauthorized access to the system they are running on. Others just require more resources than is allocated on a shared server environment. Consequently, in order to keep Sproutserver network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  1. you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  2. You are otherwise permitted by established United States copyright law to copy the work in that manner.

Sproutserver will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Sproutserver network, please send your notice of copyright infringement to us.

Your notice must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sproutserver to locate the material;
  4. Information reasonably sufficient to permit Sproutserver to contact you, such as an address, an email address and, if available, a telephone number;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Sproutserver network.

Disclaimer

Sproutserver is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Sproutserver network.