Acceptable Use Policy

Tranquil Hosting, Inc doing business as “RootBSD”

Acceptable Use Policy

(“AUP”)

This AUP governs the use of RootBSD’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 RootBSD regarding the interpretation of this AUP, RootBSD’s interpretation, in its reasonable commercial judgment, shall govern.  If you have any questions regarding this AUP, contact support@rootbsd.net.

Offensive Content

You may not publish or transmit via RootBSD’s service any content that RootBSD 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 RootBSD; or

•         is otherwise malicious, fraudulent, or may result in retaliation against RootBSD by offended viewers.

Content “published or transmitted” via RootBSD’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 RootBSD. 

Security

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

IRC, Torrents, Proxy

We do not allow IRC servers, bittorrent, open proxies, or any other software that can degrade our network performance or allow for abuse.

Bulk Commercial E-Mail

You must obtain RootBSD’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 RootBSD’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 honor recipient’s and RootBSD’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 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@yourdomain.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 RootBSD 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 RootBSD service.  In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

RootBSD 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 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 RootBSD 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.

RootBSD will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

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

Tranquil Hosting, Inc.

PO Box 10713

Raleigh, NC 27605

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 RootBSD to locate the material;

•         Information reasonably sufficient to permit RootBSD 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 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.

Other

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

Disclaimer

RootBSD 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 RootBSD network.

Inquiries regarding this policy should be directed to support@rootbsd.net.