Acceptable Use Policy (“AUP”)

This AUP governs the use of PrimeroHost’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and PrimeroHost regarding the interpretation of this AUP, PrimeroHost’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact PrimeroHost by email at contact@primerohost.com.

Table of Contents
1.) Offensive Content
2.) Security
3.) Bulk Commercial E-Mail
4.) Unsolicited E-Mail
5.) Material Protected by Copyright
6.) Copyright Infringement Notice
7.) Other
8.) Disclaimer
9.) Internet Abuse
10.) Newsgroup, Chat Forums, Other Networks

1.) Offensive Content
You may not publish or transmit via PrimeroHost’s service any content that PrimeroHost reasonably believes:
constitutes child pornography;
constitutes pornography;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person’s trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to PrimeroHost; or
is otherwise malicious, fraudulent, or may result in retaliation against PrimeroHost by offended viewers.
Content “published or transmitted” via PrimeroHost’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by PrimeroHost. 

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

3.) Bulk Commercial E-Mail
You must obtain PrimeroHost’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to PrimeroHost’s reasonable satisfaction:
Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honour recipient’s and PrimeroHost’s requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@**yourdomain.com**.
You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honoured within 72 hours, and you notify recipients that their revocation of their consent will be honoured in 72 hours;
You must post an abuse@**yourdoman.com** e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
You must have a Privacy Policy posted for each domain associated with the mailing;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your PrimeroHost service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your PrimeroHost service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
PrimeroHost may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

4.) Unsolicited E-Mail
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 PrimeroHost’s services.

5.) Material Protected by Copyright
We do not allow Illegality In any form, including but not limited to the unauthorised distribution or copying of copyrighted software, plugins, nulled themes or other data, harassment, fraud, trafficking in obscene material. Undesirable content – certain types of content are not allowed on our network, if unsure contact us first. We do not host adult content of any description. Content relating to hacking, cracking, warez and IRC (Chat) is not allowed. Software, music, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

6.) Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the PrimeroHost network, please send your written notice of copyright infringement to:
contact@primerohost.com with the email heading “Copyright Infringement“.
Your notice must include the following:
A physical or electronic signature of a person authorised 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 words 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 the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PrimeroHost to locate the material;
Information reasonably sufficient to permit PrimeroHost to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the copyright owner’s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

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

8.) Disclaimer
PrimeroHost 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 PrimeroHost network.
Inquiries regarding this policy should be directed to PrimeroHost at contact@primerohost.com.
[Possible Additional Provisions Depending on Nature of Service]

9.) Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
Unauthorised 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 PrimeroHost and its customers) without express authorisation of the owner of the system or network;
monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
Interference with service to any user, 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 owner’s authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the PrimeroHost’s network.
Use of PrimeroHost’s network in a way that unreasonably interferes with PrimeroHost’s other customers use of the network

10.) Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

This Agreement together with the Order and TOS constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.