Acceptable Usage Policy

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with ServerGuy. If you engage in any of the activities prohibited by this AUP document, ServerGuy reserves the right suspend or terminate your account.

ServerGuy’s Acceptable Use Policy (the “Policy”) for ServerGuy Services is designed to help protect ServerGuy, ServerGuy’s customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by ServerGuy. ServerGuy reserves the right to modify the Policy at any time, effective upon posting at https://serverguy.com/acceptable-usage-policy/.

Prohibited Uses of ServerGuy Systems and Services

  1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat , or violates export control laws.
  2. Unacceptable practices include but are not limited to…
    • Drug dealing
    • Piracy/Pirating
    • Violation of copyright law
    • Illegal gambling/Lottery sites
    • Illegal arms trafficking
    • Stalking or violating state or federal law.
    • Attempting without authorization to access a computer system
    • Schemes to defraud, sending a message or having content that is indecent according to American laws with intent to annoy, abuse, threaten, or harass another person
    • Threatening bodily harm or damage to individuals or groups
    • Violating U.S. and International Export restrictions
    • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
  3. ServerGuy does not actively monitor dedicated server content for review. ServerGuy believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on ServerGuy dedicated servers.
  4. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through ServerGuys servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on ServerGuy’s servers, is prohibited. ServerGuy accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. ANY form of spamming activity (e.g. mail spam, Usenet spam, pop-up spam, selling/buying spamware, and so on) conducted ANYWHERE on the Internet, i.e. whether through our facilities or not, will be:
    • Grounds for instant, permanent termination of all services with no prior warning. Grounds for seizure of all on-premises equipment and data
    • Grounds for forfeit of all funds paid
    • Will result in a demand for payment of a fine (to cover damage to our reputation)
    • $500/incident/spam clean-up fee, all of which is payable within 24 hours or will be referred to a collection agency
  5. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by ServerGuy customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any ServerGuy-hosted domain, or referencing any ServerGuy account, is prohibited.
  6. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  7. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
  8. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”). ServerGuy reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. If you have any question regarding this abuse policy please feel free to contact ServerGuy at abuse@serverguy.com.
  9. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  10. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any ServerGuy customers or end-users by any means or device.
  11. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the ServerGuy network or on another provider’s network.
  12. Using ServerGuy’s Services to interfere with the use of the ServerGuy network by other customers or authorized users.
  13. SERVER RESOURCES, THIS APPLIES TO SHARED HOSTING PLANS ONLY. Running programs in the background on a ServerGuy shared server without prior written authorization, or running chat rooms, Internet Relay Chat (IRC) or IRC Bots, more than 1000 emails a day and the like are not acceptable uses ofServerGuy’s shared servers. Further, any usage of fifteen percent (15%) or greater of our system resources is an undue burden on our shared systems and is regarded as unacceptable. If your usage ever exceeds fifteen percent (15%) of shared system resources, your account may be terminated immediately and without prior notice. In addition, any domain that exceeds ten gigabytes of bandwidth in a short span can be terminated without prior notice. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. ServerGuy’s shared services may be used for lawful purposes only.
  14. Unacceptable practices include but are not limited to…
    • Drug dealing
    • Piracy/Pirating
    • Violation of copyright law
    • Illegal gambling/Lottery sites
    • Illegal arms trafficking
    • Stalking or violating state or federal law.
    • Attempting without authorization to access a computer system
    • Schemes to defraud, sending a message or having content that is indecent according to American laws with intent to annoy, abuse, threaten, or harass another person
    • Threatening bodily harm or damage to individuals or groups
    • Violating U.S. and International Export restrictions
    • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service

Customer Responsibility for Customer’s Users

Each ServerGuy customer is responsible for the activities of its users and, by accepting service from ServerGuy, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of ServerGuy customer will be forwarded to the ServerGuy customer’s postmaster for action. If violations of the ServerGuy Acceptable Use Policy occur, ServerGuy reserves the right to terminate services with or take action to stop the offending customer from violating ServerGuy’s AUP as ServerGuy deems appropriate, without notice.

Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of ServerGuy must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without refund. If you have any question regarding this abuse policy please feel free to contact ServerGuy at abuse@serverguy.com.