Vivint Host: Acceptable Use Policy

The Services provided by Vivint Host LLC may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Vivint Host LLC reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

You are responsible for the activities of your agents, representatives, employees, customers, and end-users ("Users") and for ensuring that they comply with this AUP. The Services may be used only for lawful business and commercial purposes. You may not use the Services for activities that, in Vivint Host LLC's sole discretion, are illegal, offensive, abusive, harmful, disruptive, or that interfere with or adversely affect the Services, other customers, our network, or the use of the Services. This includes deliberate attempts to overload systems, launch broadcast attacks, or engage in activity that could expose Vivint Host LLC to criminal or civil liability.

Infringement of Intellectual Property Rights

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe that your intellectual property rights are being infringed upon, please email abuse@vivinthost.com. For copyright infringement claims, Vivint Host LLC follows the Digital Millennium Copyright Act ("DMCA") notice and takedown procedures.

Using a shared account as a backup/storage device

You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Zero Tolerance Adult Content Policy

Vivint Host LLC has a zero tolerance policy in effect for adult content. We do not allow any content considered "adult material" on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in Vivint Host LLC’s sole discretion. Violators of this policy may be terminated without a refund.

Unacceptable material on our servers includes, without limitation:

Topsites.
Any website related to cannabis or CBD.
IRC scripts, bots, or IRC servers.
Proxy scripts or anonymizers.
Image hosting scripts similar to Photobucket or Tinypic.
AutoSurf, PTC, PTS, or PPC sites.
IP scanners.
Bruteforce programs, scripts, or applications.
Mail bombers or spam scripts.
Commercial banner ad rotation services.
File dump or mirror scripts similar to RapidShare.
Commercial audio streaming beyond limited personal use.
Escrow, bank debenture, or prime bank programs.
High-yield interest programs (HYIP) or related sites.
Investment sites involving FOREX, E-Gold exchange, Second Life or Linden exchange, Ponzi schemes, MLM, or pyramid schemes.
Sale of controlled substances without proof of appropriate permits.
Lottery or gambling sites.
MUDs, RPGs, or PBBGs.
Hacker-focused sites, archives, or programs.
Sites promoting illegal activities.
Forums or websites that distribute or link to warez, pirated, or illegal content.
Fraudulent sites.
Mailer Pro or push-button mail scripts.
Broadcasting or streaming live sporting events without authorization.
Tell-a-friend scripts.
Anonymous or bulk SMS gateways.
Bitcoin miners or cryptocurrency mining activity.
Payday loan sites or payday loan affiliate sites.
Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, malware distribution, network attacks, or interference with another user's use of the Services.
Unauthorized access, monitoring, collection, or use of data, systems, or networks.
Transmitting, distributing, or storing illegal, fraudulent, infringing, or privacy-violating information or material.
Harassment, obscene content, defamatory content, threatening content, abusive content, advocacy of violence, or content that violates law, regulation, or public policy.

In addition, you and your Users must comply with all applicable laws, rules, and regulations related to your use of the Services, including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

Child Pornography Prohibited

Content that is potentially harmful to minors, as determined in Vivint Host LLC’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

Unacceptable Resource Usage

You may not use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause excessive use include, but are not limited to, CGI scripts, FTP, PHP, HTTP, and similar processes.

Run stand-alone or unattended server-side processes at any time on a shared server, including daemons such as IRCD.
Run any type of web spider or indexer, including Google Cash or AdSpy, on shared servers.
Run software that interfaces with an IRC (Internet Relay Chat) network.
Run any BitTorrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in file-sharing or peer-to-peer activities.
Run gaming servers such as Counter-Strike, Half-Life, Battlefield 1942, or similar games.
Run cron entries with intervals of less than fifteen (15) minutes.
Run MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

When using PHP include functions, include the local file rather than the URL. For example, use "include.php" instead of "http://yourdomain.com/include.php".

Forcing HTML files to handle server-side code, such as PHP or SHTML, is prohibited when it causes excessive resource usage.

INODES

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here".

Zero Tolerance Spam Policy

Vivint Host takes a zero tolerance stance against unsolicited email, bulk emailing, and spam. "Safe lists," purchased lists, harvested lists, and the selling or use of email lists for unsolicited messaging will be treated as spam. We may suspend or terminate any account that sends spam, facilitates spam, or causes our network or IP space to be listed on blocklists, with or without notice.

Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Vivint Host LLC reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

Vivint Host LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

Defamation Policy

Websites hosted on Vivint Host LLC’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Vivint Host LLC’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a web host, Vivint Host LLC is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

Vivint Host LLC's Rights

Vivint Host LLC reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Vivint Host LLC in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Vivint Host LLC further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Vivint Host LLC believes is responsible for such violation. Vivint Host LLC may implement technical mechanisms to prevent AUP violations.

Nothing in this AUP shall limit Vivint Host LLC's rights and remedies at law or in equity that may be available.

Disclaimer

Vivint Host LLC is under no duty to monitor user’s activities, and Vivint Host LLC disclaims any responsibility for any User’s misuse of the Services. Vivint Host LLC has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that Vivint Host LLC becomes aware that any such material violates this AUP and/or exposes Vivint Host LLC to civil or criminal liability, Vivint Host LLC may, but is not required to, block access to such material. Unless otherwise stated in this AUP, Vivint Host LLC disclaims any obligation to any person who has not entered into an agreement with Vivint Host LLC for use of the Services.

AUP Violations

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours. If you believe you have discovered a violation of this AUP, please report it through the Vivint Host Abuse Channel.

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