Service Level Agreement

Effective Date: This Service Level Agreement was last updated on July 13, 2011.

100% Network Uptime

WiredTree guarantees network availability for our public Internet network to be 100%. In the event that our network does not experience 100% network uptime in a given month, WiredTree will refund 5% of the customer’s monthly service fees for those servers affected, for each 30 minutes of network downtime experienced up to 100% of the monthly service fees for those servers affected.

1 Hour Hardware Replacement Guarantee

WiredTree guarantees to replace any failed server hardware components provided by WiredTree at no cost to the client within one hour of problem identification. In the event that it takes WiredTree longer than one hour to replace any failed hardware component after problem identification, WiredTree will refund the customer 5% of the monthly service fees for each 60 minutes of downtime up to 100% of clients’s monthly service fees for the affected server.

100% VPS and Hybrid Uptime SLA

WiredTree’s goal is to maintain 100% uptime on all of our VPS and Hybrid hardware nodes. In the event that a VPS or Hybrid hardware node does not experience 100% uptime in a given month, you are eligible for a prorated credit equal to ten times (10x) the amount of time that the VPS or Hybrid node was down for.

Any scheduled downtime of the VPS/Hybrid node for hardware or software maintenance will not apply towards this downtime calculation. The SLA does not apply to any software or services running inside Client’s server, nor to the Client’s server directly. It is only for downtime caused by issues with the hardware node itself. The SLA does not apply in any situation which the downtime was caused or could have been prevented by the Client. For example, if a VPS hardware node is down because of a filesystem check (fsck) causing a client’s VPS to be offline, the SLA would apply. If a client shuts down their own VPS or misconfigures it to be offline, the SLA would not apply. If the hardware node is online and functioning properly then the SLA will not apply in any case.

Terms

All SLA claims must be filed by opening a helpdesk ticket through our client portal within 7 days of the incident. The helpdesk ticket must include all relevant information including server name, IP address, full description of the incident and any logs (if applicable). All SLA credits will be issued as service credits against future invoices.

Network downtime is measured from the time the network is 100% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not apply towards this downtime calculation. The 100% Network Uptime guarantee does not apply to any software or services running on a client’s server, nor to any hardware within a client’s server.

The 1 Hour Hardware Replacement Guarantee does not apply to replacing a failed disk drive that is in RAID so long as the other RAID disk(s) are functioning properly. The guarantee also does not apply to any time required to rebuild a RAID disk array or the time required to restore or reload any software or data to the affected server.

Clients currently in arrears for services do not qualify for SLA claims. Clients participating in malicious or aggressive activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.

Privacy Agreement

Effective Date: This Privacy Policy was last updated on September 14, 2010. The last update before that was on October 26, 2006.

Our Commitment To Privacy

Your privacy is important to WiredTree. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. Additionally, WiredTree adheres to the Safe Harbor Principles as agreed to and set forth by the United States Department of Commerce and the European Union (“EU”), http://export.gov/safeharbor/. To make this notice easy to find, we make it available on our website.

WiredTree reserves the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this Policy periodically and to be aware of any modifications. You may identify whether WiredTree has revised this Privacy Policy by noting the “Effective Date” above. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy. If you do not agree to these terms, please do not access or use this site.

Types of Information Collected

In order to better provide you with our numerous services, we collect two types of information about our users: Personal Information and Non-Personal Information.

Personal Information

When you order services through WiredTree, we request certain personally identifiable information from you on our order form to us to allow us to process your order, provide you with the services you order from us, and to provide ongoing technical support for your account. You must provide contact information (such as name, email, phone number, and address) and financial information (such as credit card number, expiration date). By purchasing our services, you agree to provide and maintain accurate, complete and updated information. Your personal information will be kept only as long as we need it for the purposes for which we collected it, or as permitted by law.

After you have ordered our services, we may be in communication with you about your account. These communications are essential to our relationship with you and to our ability to provide you with quality services that are responsive to your needs. As a result, we may maintain information about our communications with you for future use.

WiredTree shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, WiredTree shall take reasonable steps to ensure that personal information is accurate, complete, current and reliable for its intended use.

Disclosure of Personal Information

We use the information you provide about yourself when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide service. In the event that this policy changes, we will provide you with an opportunity to opt out or otherwise prohibit the disclosure of your information to third parties for any purpose other than your ordering and ongoing use of our services. For sensitive information, affirmative or explicit (opt in) choice will be given if the information is to be disclosed to a third party or used for a purpose other than previously authorized.

We do not sell, trade, or rent your Personal Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personal Information to operate our sites and to deliver our services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site or release your address information to the delivery service to deliver products that you ordered.

Occasionally, WiredTree may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use WiredTree services for illegal activities. We reserve the right to report to law enforcement agencies any activities that WiredTree in good faith believe to be unlawful.

WiredTree may also use the Personal Information collected to contact customers regarding important changes to our site, new services and special offers we think you will find valuable. You will be given the opportunity to notify us of your desire not to receive these offers through our client portal or by sending an email request at legal@wiredtree.com.

Non-Personal Information

WiredTree collects tracking data when users visit our websites. Whenever you request a page through your browser, navigation data such as your IP address, browser and version, operating system, date and time and the site from which you came are stored in a log file. We use this data to analyze visitors’ use of our site in order to make improvements to our site.

Disclosure of Non-Personal Information

WiredTree may share this anonymous traffic and demographic information in aggregate form with other business partners. We do not share any information with anyone that can identify an individual user.

Cookies

A cookie is a small text file that is stored on a users computer for record-keeping purposes. WiredTree may use both session ID cookies and/or persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browsers help file.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. The WiredTree website uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. When entering Personal Information, we strongly recommend an SSL-enabled web browser.

Our Commitment to Safe Harbor

WiredTree believes in protecting your privacy. When we collect personal information from you on our website, we comply with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union. WiredTree will regularly review our privacy promises, to ensure that we are in compliance U.S.-EU Safe Harbor Framework.

Safe Harbor Enforcement

WiredTree uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles of Safe Harbor. Should you have any concerns please contact us with the information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Access To Your Personal Information

You always have access to the information we have about you. To review and update your personal contact information, simply log into our client portal. You may also email billing@wiredtree.com to have the information changed.

Questions

If you have any questions about this Privacy Policy, the practices of this site, or our compliance with the Safe Harbor principals, please contact us at:

WiredTree
Attn: Legal Department
53 W. Jackson Blvd.
Suite 1734
Chicago, IL 60604
Email: legal@wiredtree.com

If you have a complaint or dispute relating to Safe Harbor Framework cannot be resolved through our internal process, we agree to dispute resolution using JAMS (http://www.jamsadr.com).

Master Service Agreement

This Master Service Agreement shall constitute a binding contractual agreement between Cogswell Enterprises Inc. an Illinois S-Corp doing business as WiredTree and the subscriber of services (“Client”). The Master Service Agreement shall include the Terms of Service (TOS), the Acceptable Use Policy (AUP), the Service Level Agreement (SLA) and the Privacy Agreement (PA). Client agrees to be bound to all agreements found herein.

Terms of Service

Effective Date: This Terms of Service was last updated on February 24, 2009.

WiredTree (“The Company”) agrees to furnish services to the subscriber of services (“Client”), subject to the following TOS (“Terms of Service”).

WiredTree reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether WiredTree has revised this TOS by noting the “Effective Date” above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information

You agree to provide WiredTree with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to WiredTree in order to receive or to continue receiving services. Further, you agree to provide WiredTree with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees

Establishment of this service is dependent upon receipt by WiredTree of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, check, or money order. Paypal payments must be submitted to paypal@wiredtree.com Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by WiredTree in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will be assessed a $30 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 2 P.M. CST the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect fees. Credit cards that are declined for any reason are subject to a $2.00 declination fee.

Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectible by WiredTree may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a Processing and Collection Fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.

Account Cancellation

Client must submit service cancellations by opening a ticket through our client portal at least 7 days but not more than 30 days before the end of the service’s billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

Bandwidth

Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. WiredTree will monitor Client’s bandwidth usage and will provide RTG graphs of bandwidth usage for Client to review in the WiredTree client portal. WiredTree shall have the right to take corrective action if Client’s bandwidth usage exceeds the amount allocated by Client’s service plan (“Allocation”). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in WiredTree’s sole and absolute discretion. WiredTree believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client’s service to become unavailable.

Bandwidth usage is measured on a monthly basis coinciding with Client’s billing cycle. Both incoming and outgoing traffic are counted.

In the event that a customer exceeds the included allocation, WiredTree may, at its sole discretion, collect a deposit in the amount of $0.25 per GB for the projected overage for the month, immediately against customer’s credit card on file with WiredTree.

Client agrees to pay WiredTree any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.25 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.

Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.

IP Allocations

All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.

SPAM and Unsolicited Commercial Email (UCE)

WiredTree takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of WiredTree may not use or permit others to use our network to transact in UCE. Clients of WiredTree may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

  • a. Violation of WiredTree’s email policy, as outlined in the Acceptable Use Policy (“AUP”) will result in severe penalties. Upon notification of an alleged violation of our AUP, WiredTree will initiate an immediate investigation (within 48 hours of notification). During the investigation, WiredTree may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, WiredTree may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, WiredTree reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WiredTree will notify law enforcement officials if the violation is believed to be a criminal offense.
  • b. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that WiredTree personnel must spend to investigate the matter.
  • c. As our Clients are ultimately responsible for the actions of their clients over the WiredTree network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Refund and Disputes

All payments to WiredTree are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in WiredTree’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay WiredTree an “Administrative Fee” of not less than $75 and not more than $200.

Courtesy Transfer Service

WiredTree performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves WiredTree copying files of yours from a third party service to your WiredTree service, hereafter known as a “transfer” as a courtesy service only. By requesting WiredTree to perform a transfer you agree indemnify and hold harmless WiredTree from any and all liability arising from the transfer and/or copying of your accounts. You also agree WiredTree is not responsible for any issues relating to the transfer of your accounts, both on your WiredTree service and at any other third party service from which WiredTree may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent WiredTree from performing the service, or any other issues. WiredTree makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers. WiredTree can only perform transfers from any service which uses the same control panel that is used on your WiredTree service (ie. cPanel). WiredTree will still provide “best effort” assistance which includes general advice on file transfer and configurations, DNS settings, MySQL database imports, and other general assistance for Clients whose 3rd party service does not use the same server control panel.

VPS Nightly Backups

WiredTree performs nightly backups of VPS accounts as a courtesy service only. WiredTree is not responsible for the completeness, integrity, or freshness of your VPS backup. WiredTree recommends you have your own backup system in place. VPS backups are intended for disaster recovery purposes only. WiredTree reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.

ServerShield

Clam Anti-Virus (ClamAV) which is used for scanning incoming email for viruses) is not enabled by default on servers with less than 512MB memory. This is because ClamAV uses 80-120MB+ of memory which is a significant portion of memory on smaller VPS plans. If you need this functionality enabled, please open a support ticket and we will be happy to enable it for you.
SuHosin for PHP and WiredTree’s custom mod_security ruleset are not installed by default for compatibility reasons. If you would like them installed, please open a support ticket and we will be happy to install either for you.

Excessive Upgrades and Downgrades

WiredTree does not normally charge any fees for account upgrades and downgrades. However, because upgrading and downgrading between virtualized accounts (such as VPS and Hybrid) and full dedicated server accounts, is a labor-intensive and time consuming process, as is changing the primary disk in dedicated servers, WiredTree reserves the right to charge for upgrades and downgrades at the hourly rate of $75 per hour if Client has made an excessive number of upgrade or downgrade requests. WiredTree, at it’s sole discretion, will have the final say as to what is considered ‘excessive’.

Harassment and Abuse

WiredTree does not tolerate abuse of any kind towards it’s employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at WiredTree or any of it’s staff or agents. Client agrees to engage our WiredTree in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.

Damages

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.

WiredTree is not responsible for any damages your business may suffer. WiredTree does not make implied or written warranties for any of our services. WiredTree denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WiredTree.

Non-Waiver

Client agrees that WiredTree’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by WiredTree of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice WiredTree from exercising thereafter the same or other rights, remedies, or options.

Force Majeure

You agree that WiredTree is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

Assignment

Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Misc.

We reserve the right to refuse service to anyone at any time for any reason.

The Company is not responsible for data integrity on equipment reclaimed for non-payment.

Illinois residents agree to pay all taxes applicable to your account.

Anything not explicitly stated in this TOS is subject to interpretation at WiredTree’s sole and absolute discretion.

You, as WiredTree’s client, are solely responsible for the content stored on and served by your WiredTree service.

Contact

Please direct all questions regarding this TOS to legal@wiredtree.com.

Acceptable Use Policy

Effective Date: This Acceptable Use Policy was last updated on February 22, 2007.

WiredTree’s Acceptable Use Policy (“AUP”) has been designed to assist in protecting WiredTree and it’s clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what WiredTree expects of clients using our services.

WiredTree’s AUP is applicable to any and all access or use of WiredTree’s services (the “Service”) or WiredTree’s network (the “Network”). This includes, but is not limited to, any use or access by (a) WiredTree’s clients, (b) WiredTree’s clients’ clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, “Users”). All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of WiredTree agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorized by such client or not.

WiredTree supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. WiredTree may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.

WiredTree believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client’s service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP.

This AUP does not (a) obligate WiredTree to monitor, review, or police the data and content residing on its network or (b) create any obligation of WiredTree to any party that is not a direct client. WiredTree expressly disclaims any liability for the data and content residing on its network and for the actions of its Users.

The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. WiredTree will be the sole arbiter as to what constitutes as unacceptable use.

Illegal Activity or Content

The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.

Network Abuse

WiredTree expressly prohibits any activities that, in its sole discretion, constitute network abuse. This includes, but is not limited to: Denial of Service attacks or any activities designed to exhaust the resources of a host or network. Any attempt to monitor data or traffic on any network or system without the authorization of the owner of the system or network. Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system.

Port-scanning, vulnerability scanning, and any other activity that may be used as a precursor to an attempted system penetration. Introducing malicious programs into any network or server, such as viruses, worms, trojan horses, and key loggers. Intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information or incorrect DNS information.
Forging any e-mail message header, in part or whole, of any electronic transmission, originating or passing through the Network. Executing any form of network activity that will intercept data not intended for the client’s server.

Unsolicited Email

Users are prohibited from engaging in improper use or distribution of email. WiredTree will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
Sending of any unsolicited email (“spam”). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.

  • Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”)
  • Using the Service to receive replies from unsolicited emails (“drop-box” accounts).
  • Configuring any email server in such a way that it will accept third party emails for forwarding (“open mail relay”).
  • 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 WiredTree Users 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 WiredTree hosted domain, or referencing any WiredTree account, is prohibited.
  • 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.

IRC

All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as “eggdrop”, and IRC proxies such as “psyBNC”.

Proxy Servers

Proxy Servers are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts.

Facilitating a Violation of this Policy

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, 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.

Network Performance

WiredTree accounts operate on shared network resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

VPS Performance

WiredTree VPS accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of the Service or Network. WiredTree reserves the right to limit such activities.

Reporting violations of WiredTree’s AUP

WiredTree requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@wiredtree.com.

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation

An E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

WiredTree may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Disable access to a client’s content which violates AUP
  • Remove content which violates AUP
  • Block mail or any other network service
  • Null-route client’s IP address
  • Suspend the client’s account
  • Terminate the clients’s account
  • Bill the client for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations

Any violation of the AUP which results in a client’s server being removed or blocked from network access may be subject to reconnection fees as described in the TOS.

The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that WiredTree may take to enforce and ensure compliance with this AUP. WiredTree reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a client’s violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP.

The client agrees to indemnify and hold harmless WiredTree from any claims resulting from the use of the service, which damages the subscriber or any other parties.

WiredTree reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this AUP periodically and to be aware of any modifications. You may identify whether WiredTree has revised this AUP by noting the “Effective Date” above. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified AUP; and (b) agreement to abide and be bound by the modified AUP. If you do not agree to these terms, please do not access or use this site or any site on the WiredTree network.

Contact

Please direct all questions regarding this AUP to abuse@wiredtree.com.