Penguin Hosting LLC Acceptable Use Policy ----------------------------------------- Penguin Hosting LLC aims to provide high quality service to all of its customers at all times. In order to achieve this, we must implement some rules as to the acceptable uses of your Penguin Hosting account: 1) Explicitly disallowed The following uses of your Penguin Hosting account are explicitly disallowed and may result in account termination: a) Illegal Content Content that violates International law, the laws of New York State, or the laws of the United States of America is grounds for account termination and release of your account information to the appropriate authorities. b) Sharing Account Access Penguin Hosting accounts are intended for use by one person, organization or company. Sharing of account information to other parties shall be considered resale of service (see section 1c), even if such service is given away rather than sold. c) Resale of Service Resale of Penguin Hosting service (such as selling non-domain web hosting or DNS subdomain hosting), whether such service is billed or given away, is grounds for account termination. d) Internal Security Breach Any attempt to breach the security of Penguin Hosting servers, software or to obscure any of your actions on Penguin Hosting servers from the administrators is grounds for account termination and possible prosecution. e) External Security Breach Any attempt to breach the security of any external host, including (but not limited to) port scanning, exploit scanning, exploit use, password "brute forcing", and VRFY scanning is grounds for account termination and release of your account information to all involved parties on request. f) Excessive Resource Usage Excessive usage of any resources, including, but not limited to, bandwidth, memory, processor time, and disk space is grounds for account interruption and/or termination. g) Unsolicited Email Sending of any unsolicited email, including mail sent to single opt-in mailing lists, is grounds for account termination and release of your account information to anti-spam organizations. h) Background Processes Running any process, excepting CGI processes and cron processes, while the user is not logged in to the Penguin Hosting server is grounds for account termination. 2) Other All uses not enumerated here are permitted at the discretion of the systems administrators. 3) Account Holder Responsibility Actions taken by an account on the system are assumed, for the purposes of this policy, to have been taken by the account holder themself. This includes exploitation of web scripts or other services running as the user. 4) Account Termination Penguin Hosting reserves the right to terminate any account at any time without cause or prior notice. Upon account termination, Penguin Hosting agrees to make available: a) Any positive balance that was paid in advance on the account, remitted via the method that the amount was originally paid. b) A compressed and archived copy of the account's home directory for the period of 1 week after account termination. 5) Account Reinstatement Accounts that have been terminated may be reinstated at the discretion of the systems administrators based on remedy efforts made by the customer. Penguin Hosting charges a $25 fee in such cases to cover the costs of investigation, termination, support and reinstatement. 6) AUP Changes This AUP may be changed at any time by Penguin Hosting by posting the new version of the document to our website.