AUP

The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the number of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.

Public Network: The primary purpose of the Future Hosting Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below.

Security Services: The primary purpose of the Future Hosting standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. Future Hosting also monitors all aggregate network traffic via router netflow/sflow statistics for traffic analysis. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP as set forth below.

Server Content: Future Hosting does not actively monitor content on its servers. Future Hosting believes in the free dissemination of information via our services. However, server content may be reviewed upon receipt of a complaint from a third party. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Content deemed to be in violation of this policy will be addressed pursuant to the Methods of Resolution under this AUP as set forth below. Future Hosting reserves the right to review all of Customer’s server content at any time and for any reason that Future Hosting determines, in its sole discretion, to be appropriate.

DNS Services: Future Hosting supplies redundant domain names services for all Customers purchasing services. These services include the use of authoritative name servers for public resolution of domain names. Future Hosting expressly reserves the right to change, at any time and in Future Hosting’s sole discretion, both the authoritative name server used for public resolution of domain names and any DNS records for any Customer utilizing Future Hosting’s DNS services. The DNS services are fully managed and maintained by Future Hosting with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, Future Hosting will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below.

IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by Future Hosting. IP Addresses are non-transferable from Future Hosting, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Future Hosting engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below. All IP Addresses are currently registered to Future Hosting via ARIN, RIPE and upstream assignments. Private IP assignments are available to qualified Customers. Future Hosting offers clients additional IP addresses at an additional monthly fee. Future Hosting reserves the right to refuse additional allocations for any reason.

IRC: Future Hosting allows the use of private Internet Relay Chat (IRC) servers for communication among private parties. Future Hosting absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below.

Peer to Peer: Future Hosting does not allow the use of internet Peer-to-Peer software for file sharing purposes. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below.

Bit Torrent and Point-to-Point Software: Future Hosting does not allow the use of Bit Torrent and Point-to-Point (“P2P”) software protocols on the public network. Violation of the Bit Torrent and Point-to-Point Software policy shall trigger the Methods of Resolution under this AUP as set forth below.

Virtual Private Servers: Virtual Private Server’s are not permitted to exceed 20% CPU utilization at any given time. In the event your Virtual Private Server uses more than 20% of the CPU, Future Hosting will generate a ticket under your e-mail address to find an alternative solution for your hosting needs. Future Hosting also monitors IOPS activity from Virtual Private Servers. In the event a Virtual Private Server is using more than a reasonable share of IOPS a ticket will be generated under your e-mail address to find an alternate solution for your hosting needs. Future Hosting reserves the right to suspend your Virtual Private Server until we find a more appropriate solution for your needs.

Proxy Servers: Future Hosting prohibits public Proxy related services on Virtual Private Serves.

The following list represents per se direct violations of this AUP and will be subject to immediate redress under one or more of the Methods of Resolution as described in this AUP and as set forth below.

1. Copyright and Trademark Infringement: Direct copyright infringement (as defined and noted under Title 17, Section 512 of the United States Code) and trademark infringement are direct violations of Future Hosting’s AUP. Please refer to DMCA copyright infringement requirements at http://www.FutureHosting.com/legal for filing complaints or counter notifications related to copyright claims.

2. Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of Future Hosting’s AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.

3. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of Future Hosting’s AUP.

4. Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of Future Hosting’s AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

5. UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of Future Hosting’s AUP. This includes UseNet services located within the Future Hosting network or unrelated third party networks.

6. Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Future Hosting’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities.

7. Child Pornography: Future Hosting has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Future Hosting’s AUP.

8. Threats & Harassment: The Future Hosting network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment of the United States Constitution. Future Hosting seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

9. Fraudulent Activities: Future Hosting prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Future Hosting’s AUP.

10. Denial of Service: Future Hosting absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Future Hosting’s AUP.

11. Terrorist Websites: Future Hosting prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

12. Distribution of Malware: Future Hosting prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Future Hosting analyzes the latest root kit for new security analysis/software.

13. Phishing: Future Hosting strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

14. HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Reporting Violation of the Acceptable Use Policy: Future Hosting accepts reports of alleged violations of this AUP via email sent to email hidden; JavaScript is required. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Unless otherwise required by law, such as the DMCA, Future Hosting owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Future Hosting will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth below or within its sole discretion.

Methods of Resolution for Violations of Future Hosting’s Acceptable Use Policy

Future Hosting understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staffs are dedicated to working with the Customer in resolving potential violations, and are available via ticket. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Future Hosting is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

1. First Alleged Violation of AUP: a ticket will be generated under the Customer’s master user with information related to the potential violation of the AUP.

2. Acknowledgement of violation of AUP: the ticket will include any related facts or information needed to resolve the violation.

3. Violation of AUP disregarded, not properly addressed, continued violation or repeated violation: Future Hosting will turn off your services. The Customer will be required to contact Future Hosting to resolve the issue.

4. Failure to address violation or resolve violation: If Customer fails to address the violation and fails to resolve the violation, a termination of services shall occur upon the next billing renewal date. The services will remain suspended and unavailable to the Customer.

Disclosure of Customer Information: Occasionally, Future Hosting is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. Future Hosting utilizes great care in keeping Customer information safe and private and will only release information described in the subpoena or order. Future Hosting will notify Customer of the information request as, and if, allowed by the subpoena or order.

Reporting Violation of the Acceptable Use Policy: Future Hosting accepts reports of alleged violations of this AUP via email sent to email hidden; JavaScript is required. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Future Hosting owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Future Hosting will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth above below or within its sole discretion.

• Disclaimer – Future Hosting retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Future Hosting also retains the right to discontinue service without notice.