Acceptable Use Policy

Acceptance and Amendments

Subscriber acknowledges and agrees that the provision of services to Subscriber by FDC Servers.net, LLC ("FDC"), and Subscriber's acceptance and use of FDC's services, constitute Subscriber's acceptance of and agreement to the terms and conditions of this document — FDC's Acceptable Use Policy ("FDC's AUP") — and that FDC's AUP is an integral part of, and is incorporated by reference into, the Terms of Service ("TOS") Agreement by and between FDC and Subscriber.

FDC may amend FDC's AUP from time to time by posting the amended version on FDC's website at https://fdcservers.net/legal, and Subscriber's use of FDC's services after FDC posts any such changes shall constitute Subscriber's acceptance of any and all such amendments. It is solely Subscriber's responsibility to review this AUP regularly for updates.

Violations

Doing, causing, or allowing (whether by act or omission) any of the following, and/or any direct or indirect aiding or abetting of any person or entity to do, cause, or allow (whether by act or omission) any of the following, is considered a violation of FDC's AUP and of the TOS Agreement between FDC and Subscriber.

Important Notice

All payments to FDCServers.net, LLC are non-refundable.

1. Illegal Activities

Using FDC's services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting (by e-mail, uploading, posting or otherwise) or distributing, downloading, copying, caching, hosting or storing data, information or content which, in FDC's sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. Subscriber shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of FDC's services.

FDC may suspend or terminate services and may cooperate with courts, governmental authorities, regulatory bodies, and law enforcement agencies regarding suspected unlawful activity. All disclosures, preservation actions, facility access, and equipment seizures will be handled under Section 17 (Legal Process, Government Requests, and Investigations) of FDC's Terms of Service.

2. Threats

Using FDC's services to transmit (by e-mail, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that threatens or encourages bodily harm, destruction of property or any other type of harm.

3. Harassment

Using FDC's services to transmit (by e-mail, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that harasses or stalks another.

4. Harmful Content

Using FDC's services to transmit (by e-mail, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that is harmful, abusive, defamatory or libelous.

5. Violation of Duty

Using FDC's services to transmit (by e-mail, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material in violation of any duty under any law (including court order), contract or any fiduciary relationship.

6. Forgery or Impersonation

Adding, removing, modifying or forging any message header, network header, TCP/IP packet header or any part of any header or information in any transmission (including any e-mail, upload, posting or other transmission), originating or passing through FDC's services, in an effort to deceive or mislead another; impersonating or attempting to impersonate any person or entity in any transmission (including any e-mail, upload, posting or other transmission) originating or passing through FDC's services; misleading or attempting to mislead any person or entity by use of incorrect identifying information. The use of anonymous re-mailers or nicknames does not constitute a violation hereunder. Subscriber must maintain a policy requiring proper "From" and/or "Reply To" headers on all e-mail and usenet postings.

7. Fraud / Fraudulent Activity

Using FDC's services in furtherance of or involving any fraudulent activity or fraudulent purpose, or to make any fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam including, but not limited to, pyramid schemes, chain letters or any other financial scam; using FDC's services to effect a misrepresentation or misleading statement, writing or activity.

8. SPAM / Unsolicited Commercial E-mail (UCE) / Unsolicited Bulk E-mail (UBE)

Using FDC's services to: transmit (by e-mail, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any spam, UCE or UBE; operate mailing lists, listservs or mailing services that target an audience that has not voluntarily signed up for e-mail information using a double opt-in process or that has not made their e-mail addresses available to Subscriber for distribution of information; effect spamming via third-party proxy, aggregation of proxy lists or installation of proxy mailing software; accept and process third-party messages for sending without user identification and authentication; host, or permit hosting of, web pages, sites or information advertised within SPAM, UCE or UBE from another network (such as spamvertising); violate the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), establishing requirements for sending certain types of commercial mail.

IMPORTANT NOTICE: A Subscriber hosting websites or services on Subscriber's server supporting spammers or resulting in any of FDC's IP space being listed in any of the various spam databases or black hole lists will have its service immediately disconnected.

Subscribers who operate mailing lists, listservs or mailing services must: (a) maintain complete and accurate records of all consents and opt-ins, including the actual e-mails and their headers; (b) provide such records to FDC upon request; and (c) allow any party on the list to remove itself automatically and permanently. If Subscriber cannot provide proof of such consents and opt-ins, FDC will consider the mass mailing to be unsolicited. Subscribers must maintain proper security on their servers to prevent them from being used as SPAM amplifiers by third parties.

9. Interference

Interfering with, disrupting or adversely affecting, or attempting to interfere with, disrupt or adversely affect, the ability to use FDC's services, the Internet or any other services or equipment (this includes denial of service attacks against another network, host or individual user); using FDC's services to interfere with, disrupt or adversely affect, or to attempt to interfere with, disrupt or adversely affect, the service of any subscriber, subscriber's sub-users, host, network or system, including, without limitation, via means of overloading, flooding, e-mail bombing, news bombing, crashing or any similar activity; using FDC's services to impede another person's use of electronic mail services or news; using any program, or sending messages of any kind, designed to interfere with or disable a user's session.

10. Usenet Spamming

Using FDC's services for the purpose of transmitting (by e-mail, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any material, messages or commercial advertisements that violate the regulations, FAQs, charters, policies or other rules of any newsgroup or mailing list. Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup rules; commercial messages deemed appropriate under the rules of a newsgroup or mailing list, or that are solicited by the recipients, are permitted.

11. Unauthorized Access (Cracking/Hacking)

Accessing, corrupting or taking, or attempting to access, corrupt or take, any data, information or the accounts of others; logging into a server or account, or entering or using or attempting to enter or use another person's or entity's computer system which Subscriber or Subscriber's Sub-User is not authorized to access, enter or use; penetrating or attempting to penetrate FDC's security measures or another person's or entity's computer software or hardware, electronic communications system, or telecommunications system or security; and any similar activity prohibited by applicable law in any relevant jurisdiction, including the jurisdiction in which the service is provisioned.

12. Infringement of Intellectual Property Rights

Using FDC's services to transmit (by e-mail, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any information, data, content, material or work that infringes any copyright, trademark, service mark, patent, trade secret or any other intellectual property right(s) of any person or entity.

13. Collection of Personal Data

Using FDC's services to collect, or to attempt to collect, personal information about third parties without the third party's (parties') knowledge or consent.

14. Unfriendly Activity

Subscriber's or Subscriber's Sub-User's (as defined in the TOS Agreement) allowance of others to use its/their network, or permitting its/their network to be configured in such a way that affords a third party the capability to use its/their network, in an illegal, inappropriate or unfriendly manner; causing or initiating security breaches or disruptions of network communication or connectivity; executing any form of activity that intercepts data not intended for Subscriber's or Subscriber's Sub-User's server(s); evading or circumventing user authentication or security of any host, network or account; engaging in any conduct designed to avoid restrictions or access limits to specific services, hosts or networks; probing, scanning or testing, or attempting to probe, scan or test, the vulnerability of a system or network without proper authorization; breaching or attempting to breach security or authentication measures without proper authorization; taking any action in order to obtain, or attempting to obtain, services to which such Subscriber or Subscriber's Sub-User is not entitled.

15. Distribution of Unwanted Software

Using FDC's services to effect the intentional distribution of software or computer code, files or programs that causes, or attempts to cause, damage, harassment or annoyance to persons, entities, data and/or computer systems.

16. Inappropriate Use of Software

Using FDC's services to employ software or any device that would facilitate a continued connection (such as pinging) or would negatively affect a person's or entity's ability to engage in real time exchanges.

17. IRC Networks

FDC permits IRC services on its network, subject to the TOS Agreement and this AUP, including the prohibitions on botnet activity, denial-of-service attacks, and other abusive IRC usage.

18. IP Addresses

Using IP addresses that were not assigned to Subscriber by FDC. All IP addresses allocated by FDC remain subject to Section 36 (IP Addresses) of the TOS Agreement; Subscriber acquires no ownership or transferable interest in any IP address.

19. Support of Terrorists

Using FDC's services to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.

20. Gambling

Using FDC's services for or to promote gambling that is or may be prohibited or restricted by applicable law in any relevant jurisdiction, including the jurisdiction in which the service is provisioned and any jurisdiction to which the gambling activity is directed.

21. Harm to Minors / Child Sexual Abuse Material

Using FDC's services to harm minors in any way, or transmitting (by e-mail, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography or child sexual abuse material as defined by U.S. law or by the law of any other applicable jurisdiction, including the jurisdiction in which the service is provisioned. FDC will report apparent violations to the appropriate authorities and will fully cooperate with any related investigation. Adult content involving consenting adults is allowed where lawful.

22. Violation of Security

Violating or attempting to violate the security of FDC's systems. It is Subscriber's obligation to maintain and enforce these provisions against all of Subscriber's Sub-Users, to maintain its own abuse/postmaster e-mail addresses for reporting abuses, and to promptly and appropriately respond to all e-mails sent to these addresses. Please consult an attorney if you are uncertain of the legal status of any of your activities. FDC will comply with all orders and obligations of any court or government agency in accordance with Section 17 of the TOS Agreement. FDC expressly disclaims any liability for the data and content residing on its network and for the actions and inactions of its Subscribers, including Subscriber's Sub-Users.

23. Electrical Circuit / Breaker Usage

Maximum loading of any circuit breaker is 80% of rating for non-motor loads. For example, usage on a 20A circuit breaker must not exceed 16A.

24. Malicious Software and Criminal Infrastructure

Using FDC's services to create, operate, host, distribute, or control any of the following, whether directly or through any Sub-User:

• Botnets or botnet command-and-control (C2) infrastructure;
• Malware, ransomware, spyware, viruses, worms, trojans, rootkits, or exploit kits, or repositories or distribution points for any of them;
• Phishing, pharming, or credential-harvesting sites, pages, or campaigns, or infrastructure that impersonates any brand, service, or person;
• Sites or services engaged in carding, skimming, trafficking in stolen payment card data, stolen credentials, or stolen personal information;
• DDoS-for-hire, "booter," or "stresser" services, or any tool or service marketed for launching attacks against networks or systems;
• Open or anonymous proxy infrastructure operated to facilitate any activity prohibited by this AUP, or to conceal the origin of such activity.

FDC may immediately suspend or terminate any service involved in any of the foregoing, without notice, and may preserve and disclose related records in accordance with Section 17 of the TOS Agreement.

25. Open Resolvers and Amplification Abuse

Subscriber must configure and maintain its services so that they cannot be exploited for reflection or amplification attacks. This includes, without limitation, securing or disabling open DNS resolvers, open NTP servers (including the "monlist" command), open memcached instances, SSDP, CLDAP, CharGEN, and any other service capable of being abused to amplify or reflect traffic toward third parties. FDC may filter, rate-limit, null-route, or suspend any service that is being exploited, or that FDC reasonably believes is capable of being exploited, in this manner, without liability or credit.

26. Sanctions and Export Controls

Using FDC's services in violation of any applicable economic sanctions, export control, or anti-money-laundering laws or regulations, including use by, on behalf of, or for the benefit of: (a) any person listed on any sanctions-related list of designated persons maintained by the United States government (including the OFAC Specially Designated Nationals list), the European Union, the United Kingdom, or the United Nations; or (b) any person located, organized, or resident in any country or territory subject to comprehensive sanctions or embargoes. Using FDC's services to host, route, tunnel, proxy, or conceal traffic or content originating from or destined to sanctioned persons or territories is prohibited. See also Section 37 (Sanctions, Export Controls, and Trade Compliance) of the TOS Agreement.

27. Network Protection Measures

FDC may, at any time and without liability or credit to Subscriber, take reasonable measures to protect the integrity, security, and availability of FDC's network and the services provided to other subscribers. Such measures may include filtering, rate-limiting, quarantining, sinkholing, null-routing, or temporarily suspending any IP address, server, or service — including where Subscriber's services are the target (rather than the source) of a denial-of-service or other attack whose size or characteristics threaten FDC's network or other subscribers. FDC will endeavor to restore affected service promptly once the threat has passed. Such measures shall not constitute a service fault or breach of the TOS Agreement.

28. Abuse Reporting and Law-Enforcement Requests

Reports of abuse originating from FDC's network should be submitted to FDC's abuse contact as identified on FDC's website, and should include sufficient detail to identify the source, time (with time zone), and nature of the activity, including relevant logs where available. FDC will review abuse reports and take the action FDC considers appropriate in its sole discretion.

Requests from law enforcement or other governmental authorities, including subpoenas, warrants, court orders, and preservation requests, must be submitted in accordance with FDC's Law-Enforcement Requests page and will be handled under Section 17 (Legal Process, Government Requests, and Investigations) of the TOS Agreement. No facility access, disclosure, or seizure is authorized solely through an abuse, support, billing, or sales request.

29. Enforcement and Reservation of Rights

FDC determines, in its sole discretion, whether any use of the services violates this AUP. FDC reserves the right to refuse, suspend, or terminate service, and to remove or disable access to any content, that FDC reasonably believes exposes FDC to legal, security, operational, or reputational risk, whether or not the activity is expressly listed in this AUP. The remedies described in the TOS Agreement — including suspension, termination, null routing, DNS removal, blocking of network services, remediation charges, research fees, and cooperation with law enforcement — apply to all violations of this AUP. FDC's remedies are cumulative, and FDC's decision not to act on any violation shall not waive FDC's right to act on that or any other violation at any time.

By using FDC's services, Subscriber acknowledges that they have read, understood, and agree to be bound by this Acceptable Use Policy, which is incorporated into and forms part of FDC's Terms of Service Agreement.

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