This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into Falls Technology Group's Terms of Service. Unless otherwise stated, defined terms in this AUP have the same meaning as provided in the Terms of Service. Falls Technology Group may modify this AUP at any time without notice.
The Services provided by Falls Technology Group 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. Falls Technology Group reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.
Failure to respond to a communication from our compliance department within the specified time period in our communication to you may result in the suspension or termination of the Services.
You may not directly or indirectly use the Services in connection with any of the following, as determined in Falls Technology Group's sole discretion:
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Falls Technology Group to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
- Disclosing sensitive personal information about others;
- Storing personal or sensitive information, including without limitation, "Protected Health Information" as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
- Phishing or engaging in identity theft or related practices;
- Distributing computer viruses, worms, Trojan horses, or other malicious code;
- Promoting or facilitating prostitution or sex trafficking;
- Distributing any escort services;
- Distributing or engaging in any activities that oppress or maliciously harass an individual or a group of people regardless of sexual orientation, race, nationality, age, or otherwise;
- Engaging in activity that seeks to make profit off of marginalized communities;
- Hosting Ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
- Hosting, distributing, or linking to child pornography (any such content will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children) or content that is harmful to minors;
- Hosting, distributing, or linking to unlawful access to personal pornography, subjective or explicit content, or 'revenge-porn' content (any such content will be suspended immediately without notice and reported to law enforcement) or content that is harmful to personal wellness, health, or safety;
- Engaging in the unlawful distribution of controlled substances, drug contraband, or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
- Gambling or selling weapons or ammunition;
- Promoting or facilitating violence or terrorist activities;
- Infringing the intellectual property or other proprietary rights of others;
- Engaging in any illegal activity, be it civil or criminal, according to state or federal law within reasonable jurisdiction;
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, including without limitation:
- Hosting or linking to an anonymous proxy server;
- Operating a file-sharing site;
- Scripts or processes that adversely impact our systems; or
- Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
- Building or hosting applications that intentionally are designed to exceed available or legally allocated resources.
- Building or hosting any type of cryptocurrency mining, bot net, or cluster computing application(s).
Accounts that perform any of the above prohibited activities will be subject to immediate suspension and/or termination.
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:
- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
- Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
- Intercepting or monitoring data without permission; or
- Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or another automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Falls Technology Group's website or servers for any unauthorized purpose.
You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Falls Technology Group reserves the right to remove non-cPanel or non-Softaculous backups from your hosting account with or without notice.
We offer Softaculous backups only for staging purposes. Any recurring backups or purposefully programmed backups will be automatically deactivated and suspended upon discovery. We encourage all users to utilize our Managed Services or our CodeGuard backups if they wish to procure backup services for their active products.
- Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated until the offending configuring has been corrected.
- Forging or misrepresenting message headers is prohibited.
- Websites advertised via spam (i.e. "Spamvertised") may not be hosted on our servers.
- You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”).
- All domains must have a valid and verified email on file to comply with ICANN 2013 regulations within 15 days of registration and/or transfer.
- You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.
- Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.
- Falls Technology Group reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Falls Technology Group or the Services, as determined in Falls Technology Group's sole discretion.
- Violations will be reported to law enforcement as determined by Falls Technology Group at its sole discretion.
- A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
Websites hosted on Falls Technology Group's servers in the U.S. are generally governed by U.S. law. As a web host, Falls Technology Group is not the publisher of user-generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Falls Technology Group's sole discretion, orders material to be removed, Falls Technology Group will disable access to such material.
Notwithstanding the foregoing, Falls Technology Group users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Falls Technology Group reserves the right to take local legal considerations into account and to respond accordingly at Falls Technology Group's sole discretion.
Enforcement of this AUP is at Falls Technology Group's sole discretion.