TROPICAL WEB SHOP INC. ACCEPTABLE USE POLICY

This Acceptable Use Policy (AUP), including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Tropical Web Shop. If you engage in any of the activities prohibited by this AUP document Tropical Web Shop may suspend or terminate your account.

Tropical Web Shop's Acceptable Use Policy (the "Policy") for Tropical Web Shop Services is designed to help protect Tropical Web Shop, Tropical Web Shop's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Tropical Web Shop. Tropical Web Shop reserves the right to modify the Policy at any time, effective upon posting at http://www.tropicalwebshop.net.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening, and is prohibited will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Prohibited Uses of Tropical Web Shop Systems and Services:

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. Unacceptable material on all Shared Servers includes IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

3. Sending Unsolicited Bulk Email ("UBE", "Spam"). The sending of any form of Unsolicited Bulk Email through Tropical Web Shop's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Tropical Web Shop's servers, is prohibited. Tropical Web Shop 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.

4. 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 Tropical Web Shop 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 Tropical Web Shop-hosted domain, or referencing any Tropical Web Shop account, is prohibited.

5. 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, denial of service attacks.

6. 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.

7. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

8. Obtaining or attempting to obtain service by any means or device with intent to avoid payment including the act of fruad.

9. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Tropical Web Shop customers or end-users by any means or device.

10. 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 Tropical Web Shop network or on another provider's network.

11. Using Tropical Web Shop's Services to interfere with the use of the Tropical Web Shop network by other customers or authorized users.

Resource Usage:

You may not:
1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes

NOTE:
PHP - When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

INODES - The use of more than 40,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 40,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode. Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

Bandwidth Usage:

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Mailing Policy and Limits:

Limits - There is a 100 hourly email limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error. Many of our servers have a 60 pop checks per hour limit per domain. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.

Mailing Lists Rules:

1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 5 seconds. If the mailing list software you're using does not allow you to throttle, you must switch to something else. We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.

2. Any mailing list over 800 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.

3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.

5. Any mailling list MUST comply with all guidelines set forth by the United States. These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm.

6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.

January 2008