This Acceptable Use Policy (the "AUP") governs the use of Crucial Web Hosting, Ltd.'s ("Crucial Web Hosting") 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 Crucial Web Hosting regarding the interpretation of this AUP, Crucial Web Hosting's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact Crucial Web Hosting

Table of Contents

• Offensive Content
• Security
• Server Resources
• Backups
• Reselling
• Bulk Commercial Email
• Unsolicited Email
• Material Protected by Copyright
• Copyright Infringement Notice
• Internet Abuse
• Other
• Disclaimer

Offensive Content

You may not publish or transmit via Crucial Web Hosting's service any content that Crucial Web Hosting reasonably believes:

• constitutes child pornography;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• 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;
• 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 Crucial Web Hosting; or
• is otherwise malicious, fraudulent, or may result in retaliation against Crucial Web Hosting by offended viewers.

Content published or transmitted via Crucial Web Hosting's service includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Crucial Web Hosting

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically. You are responsible for maintaining the security of the software you have installed on your account. All software should be regularly updated to protect the security of your site and prevent the compromise and use of your account from illegal activities.

Server Resources

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either upgrading their plan (which depends on the resource needed) or reducing the resource used to an acceptable level. Crucial shall be the sole arbiter of what is considered to be a high server usage level.

Backups

Clients are 100% responsible for their own backups.

We offer a backup service which utilizes our own internal backup system; however, we offer no assurance of a backup's availability or integrity. We strongly encourage all customers to maintain their own off-site backups.

Our internal backup system, which you can read about here, has restrictions in regards to what files we will back up. The following restrictions are not a complete list, and we make no guarantee that any particular file will be available in a backup.

Things we will intentionally not backup

• Any file, excluding database files, larger than 500MB on a shared hosting plan
• Any file, excluding database files, larger than 1000MB on a dedicated hosting plan
• Any compressed archive on the "HDD Space" (non-SSD Space) for a dedicated hosting plan
• Any cache file

Why we have these restrictions

Our backup system is very complex and is constantly working to provide backups to our customers. Our backup servers are pushed to their limits every second of the year. In order to ensure useful backups are available going back as far as possible, and with as a frequency as often as possible, we have had to put these restrictions in place.

These rules are intended to provide a better backup system, not a more restrictive one. Customers who frequently exceeded those limits would impact the quality and quantity of backups for all of our customers. We would rather avoid including what we consider to be unnecessary files in our backups for a small portion of our customers, in order to benefit the rest of the customers who don't represent a technical burden to our backup system.

Bulk Commercial Email

You must obtain Crucial Web Hosting's advance approval for any bulk commercial email, which will not be given unless you are able to demonstrate all of the following to Crucial Web Hosting's reasonable satisfaction:

Your intended recipients have given their consent to receive email 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 email 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 honor recipients' and Crucial Web Hosting's requests to produce consent evidence within 72 hours of receipt of the request.
• The body of the email must describe how the email address was obtained, for example, "You opted in to receive this email 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 email address please contact us.
• You have procedures in place that allow a recipient to easily revoke their consent—such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
• You must post an abuse email address on the first page of any Web site associated with the email, 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 email in any manner. Your email must include the recipients email address in the body of the message or in the "TO" line of the email; and
• You otherwise comply with the CAN-SPAM Act and other applicable law.

These policies apply to messages sent using your Crucial Web Hosting 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 Crucial Web Hosting service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers.

Crucial Web Hosting 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.

Unsolicited Email

You may not send any unsolicited email, 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 Crucial Web Hosting's services.

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;
• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Crucial Web Hosting will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (DMCA)

If you believe your copyright is being infringed by a person using the Crucial Web Hosting network, please send your written notice of copyright infringement to:

Crucial Web Hosting, Ltd.
18521 E Queen Creek Rd Ste 175
Queen Creek, AZ 85142

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 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 Crucial Web Hosting to locate the material;
• Information reasonably sufficient to permit Crucial Web Hosting to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use 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 under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• 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 Crucial Web Hosting and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization 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 authorization, 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 email or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the Crucial Web Hosting's network.
• Use of Crucial Web Hosting's network in a way that unreasonably interferes with Crucial Web Hosting's other customers use of the network

Other

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

Disclaimer

Crucial Web Hosting 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 Crucial Web Hosting network.

Effective Date