FRC

First Response Consulting, Hosting, and Development
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Acceptable Usage Policy

Please read these policies before your purchase

This AUP governs the use of FRC’s services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and FRC regarding the interpretation of this AUP, FRC’s interpretation, in its reasonable commercial judgment, shall govern.

If you have any questions regarding this AUP, contact FRC’s legal department.

Table of Contents

Offensive Content

You may not publish or transmit via FRC’s service any content that FRC reasonably believes:

  • constitutes pornography or child 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 or the 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 FRC; or
  • is otherwise malicious, fraudulent, or may result in retaliation against FRC by offended viewers;
Vexation & Harassment

FRC does not tolerate any harassment, malice, or abuse towards its employees or subsidiaries. Any form of harassment, cursing, threats, or ill will directed towards FRC staff or authorized agents shall not be tolerated.

The Client agrees to conduct themselves in a professional manner regardless of the method of communication with FRC. Should the Client be found in violation of this clause, FRC reserves the right to suspend or terminate services with or without prior notice and without liability.

Resource Usage

FRC Clients may not initiate the following practices. FRC reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability.

FRC reserves the right to determine what constitutes resource abuse and take the appropriate action. Please see the below list for specific restrictions for the packages listed below. Unless otherwise specified all portions of the AUP apply to the below services including the additional items listed.

Legacy Managed VPS Accounts:

  • a) Use 25% or more of system CPU resources for longer then 90 seconds. Including but not limited to: Perl Scripts, CGI, PHP, Python, HTTP, etc.
  • b) Usage of the services that result in performance impacts or disproportionate consumption of the shared resource base.

Managed VPS Accounts:

  • a) Usage of the services that result in performance impacts or disproportionate consumption of the shared resource base.

Managed Cloud VPS Accounts:

  • a) Usage of the services that result in performance impacts or disproportionate consumption of the shared resource base.
  • b) Using swap files to bypass resource limitations.

Managed Dedicated Accounts:

  • a) No additional restrictions outside of the standard AUP.

Shared Cloud Accounts:

  • a) Each account is allowed a maximum CPU usage equivalent to 50% of one CPU core.
  • b) SH-1 will have access to a maximum combined usage of 512MB of memory and a maximum of 128MB per process.
  • c) SH-2 will have access to a maximum combined usage of 1024MB of memory and a maximum of 128MB per process.
  • d) Each account has a maximum of 200,000 inodes and a maximum combined 1024 IOPS disk performance.
  • e) Accounts may not be used for file storage, database storage, media storage and streaming, computer backups or archival purposes.
  • f) Each account may execute no more than 100 processes at any given time.
  • g) Each account is limited to a maximum execution time of 60 seconds for processes.
  • h) Each MySQL query is limited to a maximum execution time of 30 seconds.
  • i) Each account is restricted from operating any back end services or servers that require a process to remain running for longer than 60 seconds.
  • j) Each account is limited to a maximum of 100 emails sent per hour.

Reseller Cloud Accounts:

  • a) Each account & resold account has a maximum of 150,000 inodes and a maximum combined 1024 IOPS disk performance.
  • b) Accounts may not be used for file storage, media storage and streaming, computer backups or archival purposes.
  • c) Each account & resold account may execute no more than 100 processes at any given time.
  • d) Each account & resold account is limited to a maximum execution time of 60 seconds for processes.
  • e) Each MySQL query is limited to a maximum execution time of 30 seconds.
  • f) Each account & resold account is restricted from operating any back end services or servers that require a process to remain running for longer than 60 seconds.
  • g) Each account & resold account is limited to a maximum of 100 emails sent per hour.

Managed WordPress Accounts:

  • a) Each WordPress account is allowed a maximum CPU usage equivalent to 25% of one CPU core.
  • b) Each account will have access to a maximum combined usage of 1024MB of memory and a maximum of 128MB per process.
  • c) Each account has a maximum of 250,000 inodes and a maximum combined 1024 IOPS disk performance.
  • d) Accounts may not be used for file storage, media storage and streaming, computer backups or archival purposes.
  • e) Each account may execute no more than 100 processes at any given time.
  • f) Each account is limited to a maximum execution time of 60 seconds for processes.
  • g) Each MySQL query is limited to a maximum execution time of 30 seconds.
  • h) Each account is restricted from operating any back end services or servers that require a process to remain running for longer than 60 seconds.
  • i) Each account is limited to a maximum of 100 emails sent per hour.
  • j) WordPress accounts are designed for WordPress hosting only. No other software installs will be supported.

External Storage

FRC external storage packages are for storing account backup and server restoration data only. External storage packages may not be used for, but not limited to, content delivery networks, file exchange and download sites, torrents or other bulk delivery services. All external storage packages are still bound and limited by our Terms of Service and AUP.

Network Abuse

FRCdoes not allow, condone or authorize any forms of network abuse including but not limited to denial-of-service attacks, phishing attempts, port scans, SYN Floods etc.

FRC reserves full right to determine what constitutes network abuse and take the appropriate action against the Client with or without prior notification and without liability.

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

  • 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 FRC and its clients) 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;
  • Any conduct that is likely to result in retaliation against the FRC network.
  • Use of FRC’s network in a way that unreasonably interferes with FRC’s other clients’ use of the network.

IP Addresses

FRC assigns IP addresses to clients based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. FRC reserves the right to request verification at any time for assigned IP addresses at which time under FRC’s discretion IP assignments may be revoked.

Prohibited Materials and Services

FRC does not accept material such as:

  • Public proxy, torrents, tor, warez, escrow, high yield investment programs (HYIP), illegal gambling and lottery sites or services.
  • Any software that interfaces with an (IRC) Internet Relay Chat network.
  • Distributed computing software such as SETI@home or coin miners.*
  • Gaming servers such as Battlefield, Minecraft, Counter-Strike, etc.*
  • Run any file sharing, bit torrent or other P2P network services, client or server software.
  • * Items marked are allowed on our Dedicated Server product line

Content “published or transmitted” via FRC’s service includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by FRC.

FRC can terminate service for any of the above reasons and it’s at FRC’s sole discretion to issue a refund.

Security

You must take reasonable security precautions for your account. You must protect the confidentiality of your password, and you should change your password periodically. You are responsible for ensuring all client provided software installed is updated and patched following industry best practice. FRC makes no warranty express or implied for the security and operability of 3rd party software or scripts installed on your server.

Bulk Commercial Email

Any kind of bulk emailing is strictly prohibited with shared or reseller hosting. With VPS, cloud or dedicated hosting you must obtain FRC’s advance approval for any bulk commercial email, which will not be given unless you are able to demonstrate all of the following to FRC’s reasonable satisfaction:

  • FRC does not provide servers for the sole purpose of bulk emails. Software such as PMTA is expressly prohibited.
  • All bulk emailing must be limited to send no more than 60 emails per minute.
  • 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 recipient’s and FRC’s requests to produce consent evidence within 72 hours of receipt of the request.
  • 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 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 FRC 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 FRC service. In addition, you may not use a third party email service that does not practice similar procedures for all its clients.

FRC 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 FRC’s services.

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

Abuse Tickets

FRC’s standard policy is to contact the Client during which a violation of the AUP or TOS has occurred, however FRC does reserve the right to suspend or terminate an account with or without notice at its own discretion. The Client agrees to maintain up to date primary contact email information with FRC. The violation shall be listed in the Subject of the email sent from our legal department. The Client shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to the Client, FRC will consider that the Client has been notified. FRC reserves the right to use discretion on the amount of time given for a client to correct the issue before action is taken.

For example: A violation containing a “Phishing” site is lodged against the client, the offending files will be immediately disabled and the client will be given 24 hours to clean and secure the site. If after 24 hours the Client has not replied confirming they have taken action, further action may be taken such as suspending the individual site and/or suspending the entire VPS or dedicated Server.

For example: A violation resulting in a “Spam” complaint. We shall investigate the complaint to determine how the spam is being sent. We shall provide a best effort analysis to locate the source of the spam. If for example it is being sent from a script, we shall attempt to disable that script and notify The Client. If it is being sent from an individual account, if possible, we will attempt to disable password access to that account. We shall then notify the client giving them 24 hours to investigate the complaint and provide a resolution to the abuse complaint. Should we be unable to isolate and/or disable the source of the “Spam” we may place a SMTP filter against The Client’s service to prevent additional emails from being sent out until at which time a resolution to the issue is made. If after 24 hours no response has been received from the client, additional steps may be taken to ensure the “Spam” has been stopped such as system wide SMTP filters, suspension of individual sites, disabling password access to certain accounts, disabling of scripts or as a final step suspension of all services.

For example: A violation resulting from “Resource Abuse”. We shall investigate the resource abuse and provide the Client with a best effort analysis of the problem causing the resource abuse. At which time the Client will be given a time frame to make the corrections to their code, scripts, MySQL queries or software services running. If the issue is not corrected within the time frame given, FRC will then take further steps to ensure the stability of the network and servers and may take actions including but not limited to disabling plugins, themes, accounts, scripts, services and in reserves the right to issue a full service suspension depending on the severity of the issue based upon FRC’s judgment of the scenario.

None of the above examples are meant to be specific guidelines with regards to how each and every case may be handled. FRC reserves full rights to use its judgment and discretion in how each individual case is handled.

Other

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

Disclaimer

FRC is under no duty, and does not by this AUP undertake a duty, to monitor or police our clients’ activities and disclaims any responsibility for any misuse of the FRC network.

Inquiries regarding this policy should be directed to our legal department.