Acceptable Use Policy(AUP)

The Acceptable Use Policy below defines the actions which Fynhacker considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to Fynhacker customers. If you are unsure whether any contemplated use or action is permitted, please send mail to abuse@fynhacker.com and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Fynhacker, or connected via the Fynhacker network.

You acknowledge and agree to the following with respect to all of Our Services

A. You will use all Services for lawful purposes only and You will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using Our Service(s) in addition to all applicable local, state, national and international laws, rules and regulations.

B. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission.

C. You will NOT use our site or Services in a manner (as determined by Us in our sole and absolute discretion) that

  • Violates the laws, regulations, ordinances or other such requirements of any applicable State or local government and/or international laws or customary industry acceptable use standards;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages, engages or displays cruelty to humans or animals;
  • Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property;
  • Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing;
  • Makes any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
  • Makes, attempts or allows any unauthorized access to Fynhacker website, servers, account, Your own hosting account or the account of any other customers of Fynhacker;
  • Allows any remote code execution of malicious software through a hosting account or any APIs provided by Fynhacker;
  • Causes denial of service attacks, port scans or other endangering and invasive procedures against Fynhacker servers and facilities or the servers and facilities of other network hosts or Internet users;
  • Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user;
  • nfringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
  • Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
  • Contains any kind of proxy server or other traffic relaying programs;
  • Uploads unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, cracking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;
  • Engages in or instigates actions that cause harm to Fynhacker or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.;
  • Reverse engineers any API or attempts to use an API to obtain confidential information;
  • Circumvents an API in order to violate Fynhacker restrictions such as, but not limited to, accessing products and services owned by other customers, avoiding payment for Services;
  • Overloads Our systems, including APIs, in any way; or

D.You agree to back-up all of Your User Content, including email and applicable content, so that You can access it when needed.Fynhacker does not warrant that We back-up any account, User Content and/or email and applicable content, and You agree to accept as a risk the loss of any and all of Your User Content.

E.You agree to provide government-issued photo identification and/or government-issued business identification, plus whatever else We deem required and necessary, in order to verify Your identity.

F.Violations

  • Disclaimer. the Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this AUP. the Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
  • Reporting Non-Copyright Violations. the Company encourages Users to report violations of this policy by e-mail to: abuse@fynhacker.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
  • Remedies. If the Company learns of a violation of this AUP, the Company will respond to the applicable Customer and may, in the Company’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation
    1. i.Warning the Customer; and/or

      ii.Suspending the offending Customer from the Services; and/or

      iii.Terminating the offending Customer from the Services; and/or

      iv.Imposing fees or charges on the offending Customer account in accordance with the applicable service contract; and/or

      v.Removing the offending content; and/or

      vi.Taking other action in accordance with this AUP, the applicable service contract or applicable law.

G.Reservation of Rights

Fynhacker reserves the right to refuse Services to anyone upon Our discretion. Any material that in Fynhacker’s judgment is either obscene or threatening is strictly prohibited and will be removed from Fynhacker servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.

You agree that We have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, Fynhacker will take corrective action upon Our own discretion and will notify You. Fynhacker’s decision in such case is binding and final, and cannot be a subject of a further change. Fynhacker cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Fynhacker or any other third party.

The Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving the Company’s Services, Customers and other Users. the Company reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. the Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each Customer agrees that the Company is authorized to monitor its communications through the Company's network for such purposes.