Acceptable Usage Policy

This Acceptable Usage Policy (AUP) is designed to protect Varial Technologies, Inc., you, and third parties.

This AUP governs the use of Varial Hosting'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 Varial Hosting regarding the interpretation of this AUP, Varial Hosting's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact sales@varialhosting.com.

Table of Contents

1. Offensive Content
2. Internet Relay Chat (IRC)
3. Security
4. Bulk Commercial E-Mail
5. Unsolicited E-Mail
6. Material Protected by Copyright
7. Copyright Infringement Notice
8. Intellectual Property Infringement
9. Other
10. Disclaimer
11. Internet Abuse
12. IP Allocation

1. Offensive Content

You may not publish or transmit via Varial Hosting's service any content that Varial Hosting 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 Varial Hosting; or
• is otherwise malicious, fraudulent, or may result in retaliation against Varial Hosting by offended viewers.

Content "published or transmitted" via Varial Hosting' 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 Varial Hosting.

2. Internet Relay Chat (IRC)

Use of Internet Relay Chat on any of our shared or dedicated servers is explicitly forbidden. This includes, but is not limited to, running any clients, bots, redirection services (proxies), or servers, of any kind.

3. Security

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

If you have installed any open source or third party applications on the server you must ensure the application is secured and running the latest version with no known vulnerabilities. Varial Hosting will periodically check versions of applications residing on our server to ensure protection for all our clients. If your application is found to have security vulnerabilities or exploits it will be taken offline immediately and you will be asked to upgrade to a secure version before the application can return online.

4. Bulk Commercial E-Mail

You must obtain Varial Hosting'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 Varial Hosting's reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via an opt-in procedure;
• Your procedures for soliciting consent must be opt-in, not opt-out. Checkboxes on signup forms have to be unselected in their default state;
• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Varial Hosting'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" 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 an opt-out link in the body of the e-mail. 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 identify yourself and the persons on whose behalf a commercial e-mail is sent. When an e-mail is sent on behalf of multiple persons, then all of these persons must be identified in the e-mail;
• A physical mailing address and either a telephone number, e-mail address or Web site address must be included with your identification;
• You must post an abuse@**yourdoman.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 comply with Canada's Anti-Spam Legislation and other applicable law.

These policies apply to messages sent using your Varial Hosting 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 Varial Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Varial Hosting 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.

5. Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has not given consent to receive it.

You must comply with Canada's Anti-Spam Legislation and other applicable law as well as the rules of any other network you access or participate in using Varial Hosting's services.

6. 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 Canadian copyright law to copy the work in that manner.

Varial Hosting will terminate the service of repeat copyright infringers.

7. Copyright Infringement Notice (Digital Millennium Copyright Act)

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

Varial Technologies, Inc.
PO Box 32107 RPO Erindale
Saskatoon, SK, Canada
S7S 1N8

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 Varial Hosting to locate the material;
• Information reasonably sufficient to permit Varial Hosting 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.

8. Intellectual Property Infringement

You may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server any information, data, material, or work that infringes the intellectual property rights of others. Varial Hosting has the right to remove infringing content to the extent required under the law. Varial Hosting will terminate the services of repeat intellectual property right infringers.

9. Other

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

You agree that when communicating with our staff, all communication will be void of profanity and/or abusive demeanor.

10. Disclaimer

Varial Hosting is under no duty, and does not by this AUP undertake a duty, to monitor, review, or police our customers' activities and disclaims any responsibility for any misuse of the Varial Hosting network and for the actions of its customers.

Inquiries regarding this policy should be directed to sales@varialhosting.com.

11. Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Varial Hosting and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
• Any conduct that is likely to result in retaliation against the Varial Hosting network; or
• Use of Varial Hosting's network in a way that unreasonably interferes with Varial Hosting's other customers' use of the network.

12. IP Allocation

A Customer shall not use IP addresses that were not assigned to it by Varial Hosting. Varial Hosting reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.

This AUP is incorporated by this reference into your service agreement. Varial Hosting reserves the right to amend this AUP from time to time, and your use of the services after changes to the AUP which are posted on Varial Hosting's web site will constitute acceptance of any such amendments.

Varial Hosting reserves the right to comply with any criminal or civil investigation without notice to the customer. Varial Hosting reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP. Varial Hosting reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP.