The use of services from Buckeye VPS, LLC (hereafter referred to as 'Buckeye VPS' or 'We') shall constitute agreement to this Acceptable Use Policy (AUP) by you (hereafter referred to as 'Customer', 'Subscriber', or 'You').
1.1: This Acceptable Use Policy (AUP) document, including the following list of prohibited activities, is an integral part of your service agreement with Buckeye VPS. If you engage in any of the activities prohibited by this document, Buckeye VPS may suspend or terminate your account without notice.
1.2: This Acceptable Use Policy for Buckeye VPS is designed to help protect Buckeye VPS, our customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. This Acceptable Use Policy is a non-exclusive list of the actions prohibited by Buckeye VPS. Buckeye VPS reserves the right to modify this AUP at any time, effective upon posting at http://www.buckeyevps.com/acceptable-usage-policy.php.
2.1: Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2.2: Sending Unsolicited Bulk Email ('UBE', 'spam'). The sending of any form of Unsolicited Bulk Email through Buckeye VPS' servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Buckeye VPS' servers, is prohibited. Buckeye VPS accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this policy or that of the other provider.
2.3: Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Buckeye VPS customers must be Closed-loop ('Confirmed Opt-in'). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Buckeye VPS hosted domain, or referencing any Buckeye VPS account, is prohibited.
2.4: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, or denial of service attacks.
2.5: Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
2.6: Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g. 'hacking' or 'cracking').
2.7: Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
2.8: Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Buckeye VPS customers or end-users by any means or device.
2.9: Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g. synchronized number sequence attacks) to any other user whether on the Buckeye VPS network or on another provider's network.
2.10: Using Buckeye VPS services to interfere with the use of the Buckeye VPS network by other customers or authorized users.
3.1: We are not HIPAA compliant. Customers are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Customers acknowledge that Buckeye VPS services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Buckeye VPS does not control or monitor the information or data you store on, or transmit through, our Services. Buckeye VPS specifically disclaims any representation or warranty that the services, as offered, comply with the federal Health Insurance Portability and Accountability Act (HIPAA). Customers requiring secure storage of protected health information under HIPAA are expressly prohibited from using Buckeye VPS for such purposes. Storing and permitting access to protected health information, as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign Business Associate Agreements and you agree that Buckeye VPS is not a Business Associate or subcontractor or agent of your's pursuant to HIPAA. If you have questions about the security of your data, please contact firstname.lastname@example.org.
Customer Responsibility for Customer's Users
4.1: Each Buckeye VPS customer is responsible for the activities of its users and, by accepting service from Buckeye VPS, is agreeing to ensure that its customers/representatives or end-users abide by this AUP. Complaints about customers/representatives or end-users of a Buckeye VPS customer will be forwarded to Buckeye VPS management for action. If violations of the Buckeye VPS Acceptable Use Policy occur, Buckeye VPS reserves the right to terminate services with or take action to stop the offending customer from violating the Buckeye VPS Acceptable Use Policy as Buckeye VPS deems appropriate, without notice.