Acceptable Usage Policy 

User agrees to use the service in a manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State, or Federal Laws, Acquiva reserves the right to cooperate with all or any law enforcement agencies.

User agrees to follow the Acceptable Use Policy of any network user connects to, including Acquiva’s systems.

Neither Acquiva nor its Information Providers are responsible for any damages arising from the User’s use of Acquiva or by User’s inability to use Acquiva service.

User hereby agrees that any material submitted for publication on Acquiva through the user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything obscene or libelous. Users may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on Acquiva networks. The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by Acquiva and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles that are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

Sending unsolicited mass e-mailings (i.e., to more than 25 users) provoking complaints from the recipients.

Engaging in either of the above from a provider other than Acquiva and using an account on Acquiva as a mail drop for responses, or advertising a website hosted at Acquiva.

Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Acquiva.

Impersonating another user or otherwise falsifying one’s user name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.)

Acquiva prohibits IRC and associated programs, including psybnc, “bots”, etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Acquiva.

Users agree to not use excessive amounts of resources. 

Any violations may result in us taking corrective action in order to maintain server stability by killing any processes, disabling, and/or suspending your account. 

• Users may not use 50% or more of available system resources (CPU or memory) for longer than 30 seconds or more than 2% CPU daily, 3% memory daily. 
• Users may not run more than 10 simultaneous processes per user or allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 32 MB of memory. 
• Databases are limited to 16 max user connections. 
• Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater. 
• Each cPanel account may not send more than 300 emails per hour. 

If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting in problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as ‘Semi-Dedicated’, ‘Dedicated Servers’ or a Premium Hosting account. Acquiva will be the sole arbiter as to what constitutes a violation of this provision and Acquiva reserves the right to make adjustments to these limits at our sole discretion.

All un-metered dedicated servers and virtual private servers are installed on hundred Mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. Acquiva reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other Acquiva clientele, Acquiva reserves the right to throttle the service causing such a problem.

You must not use our RESELLER HOSTING ACCOUNTS to offer any of the following kinds of FREE services but are not limited to; 

• Free Web hosting services 
• Free e-mail services 
• Free blogging services 
• Free home pages 
• Free image hosting 
• Free trial accounts. 

There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:

• First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.
• Our customers, including (resellers) are all paying for prompt, reliable service and we have built a solid reputation for delivering excellent service to them. We cannot risk having unidentified persons damage our reputation.
• Users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.
• Spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose our servers to severe abuse and could harm us or all of our customers, and all the customers of our resellers.
• Free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as our policies, we must prohibit them.

If you ignore this acceptable usage and violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.

Abuse of Acquiva Staff or Support Personnel:

At Acquiva, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:

Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

By signing up for and using our services you agree to the rules set for in this Acceptable Usage Policy.