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 https://freshroastedhosting.com/aup
The TOS may be found at https://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
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:
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:
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:
In addition, the following restrictions apply to shared hosting services and reseller services:
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.
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.
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.
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:
Every bulk message sent by you using FRH’s services must include:
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.
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.
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.
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 (SARL)
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:
FRH follows the following procedure regarding copyright infringement:
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.
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.
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.
You may not engage in behavior that FRH reasonably believes to be illegal, abusive, or irresponsible, including:
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:
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 and other tools to protect its shared hosting and reseller customers against excessive resource demands from other customers. This helps prevent a sudden surge in traffic to customer #1 from impacting customer #2. In order to accomplish this, FRH limits the CPU power, I/O throughput, network throughput, and memory usage of each customer. FRH applies the following limits for each package:
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 throughput limits do not apply to MySQL transactions, which run on SSD at full speed.
FRH performs ongoing maintenance and tuning of all its servers in order to ensure maximum performance for all customers. In order to reduce the likelihood of exceeding any resource limits, we strongly recommend that each user keep all scripts up-to-date at all times. We also strongly recommend the use of a content distribution network (CDN) such as CloudFlare.
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 and protect our other customers. This may result in reset connections, 500 / 503 / 508 errors, and failed scripts.
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 network load causes disruption to other users.