This AUP governs the use of all the hosting services, hosting solutions and other offerings (the “Services”) made available by Brickell Host, LLC. This AUP is an integral part of your agreement with BrickellHost and is incorporated by reference into the terms pursuant to which BrickellHost provides you the right to access or use the Services. Access to or use of the Services constitutes your acceptance of this AUP. BrickellHost reserves the right to alter this AUP at any time and such modifications shall become immediately effective upon posting the modified AUP or by notification to you of the modified AUP.
Responsibilities and Prohibited Use
You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in BrickellHosts’ sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose BrickellHost to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:
Image Hosting Scripts (similar to Photobucket or Tinypic).
Video Hosting scripts (similar to YouTube)
Mail Bombers/Spam Scripts.
Banner-Ad services (commercial banner ad rotation).
File Dump/Mirror Scripts (similar to rapidshare).
Commercial Audio Streaming (more than one or two streams).
High-Yield Interest Programs (HYIP) or Related Sites.
Sale of any controlled substance without prior proof of appropriate permit(s).
Prime Banks Programs.
Hacker focused sites/archives/programs.
Sites promoting illegal activities.
Forums and/or websites that distribute or link to warez/pirated/illegal content.
Bank Debentures/Bank Debenture Trading Programs.
Push button mail scripts.
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc).
Anonymous or Bulk SMS Gateways.
Any type of pornography and/or adult content, and websites.
Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc.).
BrickellHost reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with BrickellHost in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. BrickellHost further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that BrickellHost believes is responsible for such violation. BrickellHost may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit BrickellHosts’ rights and remedies at law or in equity that may be available.
Consequences of Violations of this AUP
If BrickellHost, in its sole discretion, reasonably believes you or your User violated this AUP, BrickellHost may suspend your Services without prior notice, terminate your agreement with BrickellHost, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy BrickellHost may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.
Violators of this policy will be immediately terminated without a refund.