Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs the use of Fresh Roasted Hosting’s (“FRH”) web hosting service, and supplements the FRH Terms of Service (“TOS”). Violation of this AUP may result in suspension or termination of your service without further notice. In the event of a dispute between you and FRH regarding the interpretation of this AUP, FRH’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact sales@freshroastedhosting.com.

This AUP may be found at http://freshroastedhosting.com/aup

The TOS may be found at http://freshroastedhosting.com/tos

1 – Prohibited Content
2 – Software Usage
3 – Security
4 – Bulk E-Mail
5 – Unsolicited E-Mail
6 – Material Protected by Copyright
7 – Digital Millennium Copyright Act / DMCA
8 – Other
9 – Disclaimer
10 – Abuse
11 – Server Utilization

1 – Prohibited Content

You may not publish, transmit, or upload via or to FRH’s service any content (including Web content, photos, videos, text, e-mail, bulletin board postings, blogs, chat, and any other type of posting or transmission that relies on any Internet service provided by FRH) that FRH reasonably believes:

  • contains expressions of hate, abuse, offensive images, offensive conduct, obscenity, pornography, or sexually explicit material, even if such content is legal in your jurisdiction;
  • is considered “adult”, even if such content is legal in your jurisdiction;
  • is considered “spyware”, “malware”, or “adware”, even if such content is legal in your jurisdiction;
  • could give rise to any civil or criminal liability towards FRH
  • incites violence, threatens violence, or is excessively violent;
  • harasses another person or organization;
  • is hate speech;
  • is unfair or deceptive, including but not limited to chain letters and pyramid schemes;
  • infringes, promotes the infringement, or  assists others in infringing upon the intellectual property, privacy, copyright, or publicity rights of others;
  • creates a risk to a person’s safety or health;
  • creates a risk to public safety or health;
  • compromises national security;
  • interferes with, hinders, or obfuscates an investigation by law enforcement;
  • improperly exposes trade secrets or other confidential proprietary information of another person, business, or entity;
  • violates, promotes the violation of, or appears to violate any local, state, national, or international laws;
  • is illegal or solicits, encourages, or promotes conduct that is illegal;
  • is malicious, fraudulent, or may result in retaliation against FRH or its customers or infrastructure;
  • restricts or inhibits any person or entity from using or enjoying FRH’s service or website; or
  • exposes FRH or any of its employees, agents, contractors, partners, or users to any liability or detriment of any type.

You may not run or allow to run any of the following applications or types of applications on shared, reseller, VPS, colocation, or dedicated servers / services:

  • peer-to-peer file sharing applications including but not limited to Bittorrent servers, clients, and trackers;
  • content distribution networks, or any service that purports to use “unused” bandwidth;
  • applications designed to leech content from any site;
  • proxy applications or applications designed to assist in locating or connecting to a proxy;
  • applications designed to mask or anonymize traffic, including but not limited to TOR servers and clients;
  • applications designed to intercept network traffic not intended for your assigned IP address;
  • Internet Relay Chat (IRC) servers, clients, or bots; and
  • applications whose primary purpose, as determined solely by FRH, is to harm, hamper, or interfere with the usage or operation of any website or service by any user.

In addition, you may not run or allow to run any of the following applications or types of applications on shared, reseller, or VPS services:

  • applications designed to “mine”, reveal, generate, or produce Bitcoins, cryptocurrency, or any other similar application as determined solely by FRH;
  • distributed applications including but not limited to BOINC and Folding@home; and
  • applications that cause you to exceed reasonable usage of FRH’s services, as explained in section 11 “Server Utilization”.

In addition, the following restrictions apply to shared hosting services and reseller services:

  • You may not run or allow to run servers including but not limited to FTP, WWW, SSH, telnet, and database servers, except when such servers are provided to you by FRH as part of your hosting services.
  • You may not run or allow to run applications intended to monitor the uptime of a given website, server, or service.
  • You may not use FRH’s shared hosting or reseller services for data backup purposes.
  • You may not give away any services or content provided by FRH for free.  However, you are permitted to bundle our hosting services with your own services (such as website design or development).  In all cases, any violation of the TOS, AUP, or DRA (if applicable) by the person or entity to whom you redistribute FRH’s services will be considered a violation by you.

In addition, reseller accounts may not be resold as reseller accounts, either in part or in whole.

The failure of FRH to list an application or example of content in this section in no way indicates FRH’s approval of or consent to said application or content.

2 – Software Usage

If software is provided to you or sold to you as part of your package, you are only permitted to use that software within FRH’s network.  Examples of such software include control panels and billing system applications.

If you use this software outside of the FRH network, all services with FRH — including said software — may be terminated without notice or liability.

3 – Security

You are responsible for keeping your server, website, and account secure. FRH is not responsible for ensuring the security of your server, website, or account.

FRH strongly recommends the use of long (minimum 18 character) passwords consisting of random mixed-case letters, numbers, and symbols. You may not share your logon credentials with any other person or organization.  FRH strongly discourages the use of the same or similar passwords on more than one website or server.

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

If you have a VPS or dedicated server and need to open a support ticket, you may be asked to provide us with your root password. We strongly recommend that you change your root password to a temporary password, provide us with that temporary password, and then change it again when the ticket is concluded.

FRH will never ask for your password by email or phone.

You should never email credit card numbers under any circumstances.

You must keep all applications, themes, and plugins up to date on your service or server.  You are solely responsible for maintaining awareness of applicable updates and patches.

4 – Bulk E-Mail

For the purposes of this section, FRH does not consider transactional email to be bulk email.  Transactional email is defined as email sent to a recipient in direct response to an action by the recipient.  Examples of transactional emails include auto-responders, responses to form submissions, and emailed receipts for purchases

FRH’s shared hosting and reseller services are not suitable for the sending of bulk email, regardless of permission. FRH strongly recommends the use of a third-party mailer such as MailChimp, Mandrill, CakeMail, or SendGrid for bulk mail.  FRH reserves the right to suspend or terminate shared or reseller services that send bulk email, regardless of permission.

You may only send bulk email to recipients who have agreed to receive your email by way of a confirmed opt-in process for the specific subscription which you intend to send to the recipient. The use of purchased lists or partially-confirmed lists of subscribers is prohibited. If you have a purchased or partially-confirmed list, you must follow a confirmed opt-in process for the entire list prior to using FRH’s services or infrastructure to send bulk mail.

A confirmed opt-in process is defined as follows:

  • The recipient voluntarily submits an email address owned by the recipient for the clear purpose of adding the recipient to your subscription;
  • You send the recipient one confirmation email clearly stating that the recipient is about to be added to a mailing list, clearly describing the nature of the mailing list, and containing a link that the recipient must click in order to be added to the mailing list.
  • The recipient clicks the link and gets added to the list.  If the recipient does not click the link within 30 calendar days, the recipient is not added to the mailing list and the recipient’s email address is deleted from your system within 15 calendar days.

Every bulk message sent by you using FRH’s services must include:

  • accurate headers that clearly show the sending domain;
  • a clear, conspicuous, and clearly-labeled unsubscribe link;
  • the name and physical mailing address of the sending person or organization; and
  • a brief description of how the customer’s email address was obtained.

For example, an acceptable email footer might contain the following information:  “This message was sent by (your company name), (your address, city, state, and ZIP code).  You are receiving this email because you signed up for our mailing list.  To unsubscribe, click here.”

You must retain information on how the customer’s email address was obtained for as long as you continue to send bulk messages to the customer.  You must produce this information to FRH and/or the customer within 24 hours (including holidays and weekends) of a request by either party.  Failure to produce any requested information may result in suspension or termination without further warning.

5 – Unsolicited E-Mail / Spam

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your FRH services.

FRH shall be the sole arbiter of whether email is deemed “unsolicited” or “spam”.

If your account is compromised and used to send unsolicited email, FRH reserves the right to immediately suspend or terminate your account without notice or liability.  Such action may include the deletion of all content associated with your account.

6 – Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner, or you are otherwise permitted by established United States copyright law to copy the work in that manner.

FRH may, at its sole discretion and without further notice, terminate the account(s) of any user who has been the subject of what FRH perceives to be an excessive number of copyright complaints.

7 – Digital Millennium Copyright Act (DMCA)

If you believe your copyright is being infringed by a person using the FRH infrastructure, please send your written notice of copyright infringement to our agent of record:

Fresh Roasted Hosting
ATTN: David Sheranko
PO Box 62323
Harrisburg PA 17050

It is strongly recommended that you send your notice via a method that provides a delivery confirmation signature (such as USPS certified mail with a signature receipt). Your notice must include the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FRH to locate the material;
  • information reasonably sufficient to permit FRH to contact you, such as an address, telephone number, or e-mail address;
  • a statement that you have a good-faith belief that the user of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  • a statement that the information in the notification is accurate; and
  • a statement that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FRH follows the following procedure regarding copyright infringement:

  1. FRH receives a notice of copyright infringement, or FRH discovers infringing content.
  2. If a notice is received, FRH determines whether or not the notice is valid.
  3. If the notice is valid, FRH removes and/or suspends access to the material in question.
  4. FRH notifies Customer that the material in question has been removed and/or suspended because of alleged infringement.
  5. Customer may elect to send FRH a counter-notice claiming that the material does not infringe copyrights. This counter-notice must include:
    1. Customer’s name, address, phone number, and physical or electronic signature;
    2. Identification of the material and its location before removal;
    3. A statement by Customer under penalty of perjury that the material was removed by mistake or misidentification; and
    4. Customer’s consent to local federal court jurisdiction, or if overseas, an appropriate judicial body.
  6. If Customer sends FRH a properly-formed counter-notice, FRH will forward the counter-notice to the objecting party. The objecting party must either drop the matter or file a lawsuit against Customer within 14 days. If the objecting party does not file a lawsuit against Customer within 14 days, FRH will attempt to restore the content to its original location to the best of FRH’s ability. If FRH can not restore the content to its original location, FRH will provide Customer with a copy of whatever content FRH removed.
  7. If Customer does not send us a counter-notice, FRH will consider the matter closed and will destroy any copies we have of the suspended or removed content.

If FRH, in its sole judgement, determines Customer is repeatedly infringing on copyright(s), FRH shall terminate the service of Customer. We consider a customer to be a repeat infringer after receiving three (3) notices of copyright infringement which we determine to be valid. FRH reserves the right to suspend or terminate Customer’s service at any time for any reason.

8 – Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the FRH network.

You must maintain valid and current information on file with FRH at all times.

9 – Disclaimer

FRH is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the FRH network. The failure of FRH to act upon a perceived or actual violation of this AUP in no way impedes FRH from acting upon such a violation in the future.

Inquiries regarding this policy should be directed to sales@freshroastedhosting.com.

10 – Abuse

You may not engage in behavior that FRH reasonably believes to be illegal, abusive, or irresponsible, including:

  • threatening, intimidating, harassing, or abusing FRH employees, contractors, agents, users, or partners;
  • unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures, including those belonging to FRH and its customers, without the express prior written authorization of the owner of the system or network;
  • monitoring data or traffic on any network or system without the express prior written authorization of the owner of the system or network;
  • interference with service to any users, host, or network including without limitation mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
  • use of an Internet account or computer without the express prior written authorization of the owner of the account or computer;
  • sending, relaying, or facilitating the sending or relaying of bulk email without permission of each recipient;
  • violating the TOS, DRA (if applicable), or the AUP;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup message; and
  • any conduct that is likely to result in retaliation against FRH or its network, employees, contractors, agents, or users.

11 – Server Utilization

FRH places limits on the disk space, disk I/O utilization, network bandwidth, CPU usage, and memory usage (collectively, “server resources”) of each shared hosting, reseller, and VPS service.  These limits are in place to protect your account from being negatively impacted by the server utilization of others and vice versa.  These limits are fluid and may dynamically change in order to provide a stable and consistent hosting experience for FRH customers.  Factors which can impact your consumption of server resources include but are not limited to:

  • the number of domains hosted on your account;
  • the number of visitors to your website, and the action(s) performed by those visitors;
  • the frequency of visits to your website, and the action(s) performed on those visits;
  • the type, design, programming, and operation of all application(s) running on your account;
  • the type and frequency of database transactions used by your account;
  • the type and frequency of disk operations used by your account;
  • malicious attacks against your website(s);
  • hotlinking to content hosted elsewhere;
  • the design, complexity, optimization, and compression of all content available on your website; and
  • your usage of content delivery networks (CDNs).

Server resources are calculated independently of any limitations or allocations your plan may have.  It is possible to exceed your server resources limit(s) without exceeding any limitation of your plan.

FRH uses CloudLinux to enforce reasonable sharing of server resources on shared and reseller packages.  The exact limits depend on the hosting plan chosen.  The Pre-Ground package permits 1 CPU core at 2.1 GHz or faster, 20 entry processes, 1 GB of memory (not counting OS overhead), and 50 MB/s disk I/O.  The Whole Bean package permits 1 CPU core at 3.2 GHz or faster, 40 entry processes, 1 GB of memory (not counting OS overhead), and 50 MB/s disk I/O.  The Premium Roast package permits 2 CPU cores at 3.2 GHz or faster, 60 entry processes, 1 GB of memory (not counting OS overhead), and 50 MB/s disk I/O.  Reseller accounts are permitted 1 CPU core at 2.1 GHz or faster, 20 entry processes, 1 GB of memory (not counting OS overhead), and 50 MB/s disk I/O.  Reseller customer packages are created at the Pre-Ground package levels.

Memory limits are only applied to processes and applications invoked by your hosting; OS applications (such as LiteSpeed, exim, and MySQL) do not count towards your memory limit.  Disk I/O limits do not apply to MySQL transactions, which run on SSD at full speed.

If you are on a shared or reseller hosting account and you attempt to exceed any of the above limits, your service will be automatically throttled to keep you within the established limit.

If you are on a VPS, your service may be temporarily suspended if your CPU load exceeds the number of CPU cores allocated to your VPS, or if your disk I/O or if your content causes disruption to other users.