Terms of Service/Privacy/AUP

Terms of Service

Revision date: 08/11/2020

All services provided by Spry Servers, LLC ("Spry Servers") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Spry Servers, LLC from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Spry Servers, LLC's servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: (includes, but not limited to) pirated software, hacker programs or archives, warez sites and child pornography.


Spry Servers, LLC's Responsibilities
Spry Servers agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Spry Servers reserves the right to refuse services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Spry Servers.

Traffic Usage (Bandwidth)
All account plans which do come with a predetermined amount of traffic allowance are monitored, and will be charged an overage fee if that allowance is exceeded. An invoice will be generated each month you exceed your limits.

Traffic overage fees are determined by the following fee schedule:

Dedicated Servers: $8/TB (Terabyte)
Colocation (Qty based billing): $8/TB (Terabyte)
Colocation (95% based billing): $5/Mbps (Megabits per second)
Virtual Private Servers (VPS): $0.05/GB (Gigabyte)
Shared Hosting (Includes Reseller, WordPress, etc): $0.10/GB (Gigabyte)

Excess Storage Usage (Shared Hosting - Includes Reseller, WordPress, etc)
If your hosting plan comes with a predetermined maximum storage size, we will not suspend your account from over use. We will, however, charge for overages at $0.50 for each gigabyte used over the allowed amount.

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Spry Servers, LLC is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Spry Servers, LLC must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

By the Account Activation Date of each month (or other agreed billing term), Spry Servers, LLC shall either:

(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail an invoice in accordance with the applicable Service Fees for services rendered for the current billing period.

When an invoice is delivered to the client, payment shall be remitted to Spry Servers, LLC by no later than the specified payment due date. Spry Servers, LLC shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on either a monthly, quarterly, semi-annual, or annual basis. All credit cards, if on file, will be billed automatically within 15 days following the invoice date. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by Spry Servers, LLC to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Spry Servers, LLC and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Free Domain Names
Free domain registration for one domain, for a term of one year, with the purchase of any shared web hosting subscription of one year or more. This offer is subject to change or discontinuation with or without notice. Domain must be one of the following TLDs to qualify (.com .net .info. org .biz) As your term nears its end, domain renewals will be charged the then market rate for the TLD of the selected domain.

Free SSL Certificate
Certain plans come with SSL certificates at no additional charge. If you receive an SSL certificate with your hosting plan, you own this certificate for the duration of your hosting account life. We will renew the certificate for you when the time comes at no additional charge. However, if you would like an upgraded certificate, you will need to purchase this additionally. (ie. Wildcard/Organization Validated/EV Certificates) If you elect to upgrade, we will not renew the free certificate. If you have a free SSL certificate and decide to switch to another hosting provider, the SSL certificate is non-transferable and will be revoked. If the SSL certificate was purchased as an upgrade, it is yours to keep/transfer.

Money Back Guarantee
We offer a 30 day money back guarantee on many items. If you are not satisfied with your purchase for any reason, on any shared hosting product, SSL certificate, or reseller hosting account, you may request a full refund within 30 (thirty) days of your original purchase. Your refund will be processed within 1-2 weeks, and credited back to your method of payment automatically. We are not responsible for bank holds. Domain name registrations and dedicated servers are non-refundable. If you purchase a plan that comes with a free domain name, you will receive a credit for the hosting plan minus the cost of said domain name at the current applicable market rate. If you request a refund, but any IPs we have assigned your account have been blacklisted in any database, you will not be refunded. Cryptocurrency payments are excluded from the money back guarantee policy. All sales are final if you paid with cryptocurrency. When PayPal is used as a payment method, refunds will be given, less any PayPal transaction fees.

Duplicate Payments/PayPal Subscriptions
It is the customer's responsibility to manage their PayPal subscription. If a customer signs up with a subscription, then pays their invoice manually the next month without cancelling the subscription, a duplicate payment will be made. In these scenarios, we will not refund payment to the customer's PayPal account. If customer has made an accidental payment/overpayment for any reason, any and all refund due will be credited to the customer's Spry Servers balance. The balance is non-transferrable and has no cash value outside of purchasing products and services from Spry Servers.

We do not offer refunds on products and services not explicitly defined within our money back guarantee. We reserve the right to decline repetitive refund requests for similar products or services at our discretion. Additionally, abuse of our refund policy may result in you and/or your company being reported to FraudRecord.

Any and all charge disputes must be reported directly to Spry Servers within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by Spry Servers, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, you will be notified by e-mail. If the chargeback was accidental ("friendly fraud"), you must notify the issuing bank (request to reverse chargeback) and Spry Servers, LLC no later than 7 calendar days after you receive communication from us that a chargeback has been initiated. If we do not hear from you within 7 calendar days, we will assume it was genuine fraud or abuse of your cardholder agreement. Your service will be terminated and your account will be closed. If you wish to re-open your account, the client agrees to pay (with a different payment method), an 'Administrative Fee' of $250 in addition to original amount of funds which were reclaimed.

Non-Payment/Late Fees/Service Interruption
Accounts, unless otherwise explicitly defined, will be deactivated after 2 days from the invoice due date if payment is not received. We realize everyone falls on hard financial times. If you need extra time, please let us know so we can work out a payment arrangement. Any account deactivated due to non-payment will be subject to a late fee of $10.00 or 10% of the total amount in arrears (whichever amount is greater, up to the maximum allowed by law). (typically billed on the following cycle) Data stored on a client’s services will not be available to the client until re-connection is established or alternative arrangements are made to the sole satisfaction of Spry Servers, LLC. For dedicated and cloud servers, suspension/deactivation will occur within (2) days of invoice due date. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (5) days from invoice due date for dedicated/cloud servers and (7) days from suspension/charge-back date for shared hosting or reseller accounts. Spry Servers, LLC is not responsible for data integrity, regardless of circumstance. Spry Servers, LLC strongly recommends keeping up to date and off network backups to protect against data loss.

Cancellation Refunds
We DO NOT refund partial payment term fees to any accounts. Notice of at least 24 hours before your invoice due date must be given for service cancellation.

Account Balances/Pre-paid Funds
Pre-paid account balances are non-transferrable and have no cash value outside of purchasing products and services from Spry Servers.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Spry Servers, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Spry Servers, LLC's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Spry Servers, LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Spry Servers, LLC's servers. All damages shall be limited to the immediate termination of service. This being said, we will do our best to have backups of your data in the case of a disaster or hardware failure.

Spry Servers, LLC will not be held liable for system down time, crashes or data loss. We will not be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Spry Servers, LLC are resold. Thus, certain equipment, routing, software and programming used by Spry Servers, LLC are not directly owned or written by Spry Servers, LLC. Moreover, Spry Servers, LLC holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice, without restitution, as Spry Servers, LLC sees fit.

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Spry Servers. All information available to Spry Servers about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad. Additionally, fraudulent orders will be reported to FraudRecord.com to prevent you from opening an account with another hosting provider.

Account Activation
By activating your account with Spry Servers, LLC, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.

Server Uptime Guarantee/Service Level Agreement (SLA)
Spry Servers, LLC guarantees 99.99% service (http, ftp, pop, imap, smtp) and network uptime on all hosting plans & dedicated servers. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime within the given billing period. For month-by-month payments- $Paid(%refund). For yearly pre-paid plans, $Paid/12(%refund). You must request in writing (submit a ticket) within 14 days of the downtime in order to be refunded.

Listed below is our SLA refund chart:

%Uptime %Refund
99.98-99.95% 10%
99.94-99.89% 20%
99.88-99.85% 30%
99.84-99.79% 40%
99.78-99.75% 50%
99.74-99.69% 60%
99.68-99.65% 70%
99.64-99.59% 80%
99.58-99.0% 90%
<99% 100%

Spry Servers, LLC reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy Policy

Revision date: 04/21/2023

Spry Servers, LLC has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged
We use your IP address to help diagnose problems with our servers to administer our web site, and to prevent fraud. We track your activity on our website for analytics and fraud detection.

Order Forms
Our site uses an order form for customers to request services. (128-256 bit encryption). We collect sensitive information which is used only for billing and contact information. This information is not sold, distributed or used in any other way. Our credit card gateway provider, will have access to your sensitive information solely for the purpose of processing payment. They also use 256-bit high-grade encryption. We do store your encrypted credit card information in our system for recurring billing. You may opt-out of this.

Contact information from the order forms is used to get in touch with the customer when necessary. If you opt-in, we may contact you from time to time with special offers or newsletters.

Billing information collected is used to bill the user for services.

Unique identifiers are collected from web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

This site and our mobile applications have security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties
We will never sell your personal information to a 3rd party for any reason. In order manage our business and deliver our services we do work with third parties. These third parties ("Subprocessors") sometimes require access to your personal data, as certain functions of our business rely on the outsourcing of some data processing. We keep a list of subprocessors below (some of which access your personal data), which is subject to change at any time.

  • CDG Commerce (United States): Credit card and payment processing merchant provider - CDG Commerce Privacy Policy
  • Check Commerce (United States): ACH/eCheck payment processing
  • PayPal (United States): Payment processing - PayPal Privacy Policy
  • TrustPilot (United States):We may share your e-mail and order number securely with TrustPilot, in order to aggregate reviews to improve our service. You may opt out of this by following the instructions on TrustPilot's website. - TrustPilot Privacy Policy
  • Google: Analytics, SSO login, remarketing data, CDN, cloud infrastructure
  • Facebook: Analytics, SSO login, remarketing data
  • CloudFlare: Content Delivery (CDN), analytics
  • JSDeliver.net: Content Delivery (CDN)
  • Maxmind: Fraud detection system - Maxmind Privacy Policy
  • Certain 3rd parties for whom we resell products and services.

spryCloud Specific Policies
Certain optional features in spryCloud allow you to connect to external accounts.

How we use your Google user data:

  • Permissions used for the spryCloud Google Import tool:
    • Google Calendar API (https://www.googleapis.com/auth/calendar): We use this to import your calendar and schedules into spryCloud.
    • Google Drive API (https://www.googleapis.com/auth/drive): We use this to import your documents and files from your Google Drive account.
    • People API (https://www.googleapis.com/auth/contacts): We use this to import your Google contacts into spryCloud.
    • Photos Library API (https://www.googleapis.com/auth/photoslibrary): We use this to import your photos into your spryCloud account.
The import tool will connect to the domain https://cloud.spryservers.net

Your private Google data is not used for any other reason than to import your data into your spryCloud account. Data is not shared with or accessible by any other 3rd party. Once connected, you must explicitly click import to import your Google data.

The spryCloud Google Import tool's use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Data Request & Deletion
You have the right to request a copy of all the data we store pertaining to you and your personal information. You also have the right to request deletion of all your personal data. (except where required to be retained by law or for accounting purposes) To request a copy of your data or to request deletion of your data, please open a support ticket.

Warrants and Civil Subpoenas
We will not share your personal information or data hosted on our servers with outside entities or authorities not explicitly defined within this privacy agreement. The only exception to this, is if we are served with a warrant or civil subpoena by a government authority or where otherwise required by law.

Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, you can contact: legal@spryservers.net

Acceptable Use Policy

Revision date: 05/13/21

As a provider of web site hosting and other Internet-related services, Spry Servers, LLC offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Spry Servers, LLC respects that the internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Spry Servers, LLC reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Spry Servers, LLC has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Spry Servers, LLC’ services. This AUP will be revised from time to time.

You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of Spry Servers’ Terms of Service (the “Terms of Service” or "TOS") and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

One important aspect of the internet is that no one party owns or controls it. This fact accounts for much of the internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Spry Servers, LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the internet, and also should be aware that some material posted to the internet may be sexually explicit or otherwise offensive. Because Spry Servers, LLC cannot monitor or censor the internet, and will not attempt to do so, Spry Servers, LLC cannot accept any responsibility for injury to its subscribers or the general public, resulting from inaccurate, unsuitable, offensive or illegal internet communications.

The Primary Purpose of Spry Servers is to provide our clients with the resources necessary to bring their internet services online in a reliable, lightning fast, high availability environment which responds quickly to each clients' individual needs.

The client is ultimately responsible for individual server security. Spry Servers disclaims all liability for server content.

When subscribers disseminate information from the internet, they must keep in mind that Spry Servers, LLC does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Spry Servers, LLC's network and may reach a large number of people, including both subscribers and non-subscribers of Spry Servers, LLC. Subscribers’ postings to the Internet may affect other subscribers and may affect Spry Servers, LLC’s goodwill, business, reputation or operations. For these reasons, subscribers will be in violation of Spry Servers, LLC's policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Network Misuse:
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Spry Servers, and an appropriate course of action shall be taken as determined by Spry Servers, Spry Servers' sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

Disk-based Crypto Mining
Mining for disk-based cryptocurrencies including, but not limited to "Chia" is strictly prohibited across all our products. (Colocation services are exempt from this policy) If clients are caught mining cryptocurrency with their hard disks or SSDs, their accounts will be immediately terminated without refund. If any damage has occurred to the disks, the customer agrees herein to pay all costs associated with replacement of the disks. Spry Servers reserves the right to debit the customers' credit card or other payment method to recover any damages.

Spamming (General Policies)
Sending unsolicited bulk and/or commercial information over the internet. Any activities of this type, including, but not limited to SPIM, Spam and SPIT, are expressly prohibited. It is not only harmful because of its negative impact on consumer attitudes toward Spry Servers, LLC, but also because it can overload Spry Servers, LLC’s network and disrupt service to Spry Servers, LLC’s subscribers. Additionally, maintaining an open SMTP relay is prohibited.

Spry Servers reserves the right to deny mail delivery from any servers hosted on our network and/or suspend service, if they are believed to be involved in Spam, SPIM or SPIT activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain)

In this event, your account is subject to immediate termination with or without notification, at our discretion. NO refund will be given.

Spry Servers reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Spry Servers reserves the right to issue a fine of $200 and immediately terminate the service.

Spamming Addendum I - Dedicated servers, colocation, VPS & cloud servers
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client’s server are a result of the server’s security being compromised, our abuse department will offer the following options:

1. At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
2. Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
3. If Operating System reinstallation is not accepted as an option, Spry Servers may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
4. Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.

If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide Spry Servers with an explanation via our ticketing system within 10 days of the abuse ticket being opened.

Spamming Addendum II - Shared hosting
When a complaint is received, Spry Servers, LLC will investigate and terminate the offending account. A $100 charge for violating this policy may be charged to the person/account initiating the Spam.

Adult-Oriented Content:
Legal adult content is allowed only on our dedicated servers or Virtual Private Servers. No adult content whatsoever is allowed on shared or reseller hosting.

Obscene Speech or Materials:
Using Spry Servers, LLC’s network to advertise, transmit, store, post, display, or otherwise make available child pornography, beastiality or obscene speech or material is prohibited. Spry Servers, LLC is required morally and by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Spry Servers, LLC’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.
Private Backbone Network (Private Tunnel)

Network Security:
Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

Monitoring Policy:
Spry Servers does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Spry Servers, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

Blacklist Policy:
If any client or any third-party user that is a customer of our client uses Spry Servers services, network, or its physical infrastructure in a manner that causes Spry Servers, or any IP addresses issued by Spry Servers to be “blacklisted” or “blocked”, Spry Servers reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Spry Servers service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

IP Addresses:
All IPs addresses issued by Spry Servers are the sole property of Spry Servers. Clients retain no ownership rights to any IP addresses issued by Spry Servers. Clients may not transfer IPs from Spry Servers. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact sales@spryservers.net.

IRC Usage shall be allowed on dedicated servers unless such usage is abused or creates or enhances any type of problem(s) with Spry Servers’ services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then Spry Servers may null-route, filter, suspend, or terminate that client’s service. Spry Servers allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content. Use of IRC/Bittorrent/P2P on shared hosting is strictly prohibited.

Violation Claims:
Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by Spry Servers, including without limitation the customers, clients and other users of our clients.

Spry Servers reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Spry Servers also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks (DDoS). Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Spry Servers, LLC reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Spry Servers, LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. This clause is in regards to our network and your use of our network and services. This does not mean you may not post reviews of our services, positive or negative.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Spry Servers, LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Spry Servers, LLC’ policy or applicable law. However, when Spry Servers, LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Spry Servers, LLC.

Spry Servers, LLC is also aware that many of its subscribers are themselves providers of internet services, and that information reaching Spry Servers, LLC’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Spry Servers, LLC does not require its subscribers who offer internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Spry Servers, LLC reserves the right to directly take action against a customer of its subscribers. Also, Spry Servers, LLC may take action against the Spry Servers, LLC’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Spry Servers, LLC anticipates that subscribers who offer internet services will cooperate with Spry Servers, LLC in any corrective or preventive action that Spry Servers, LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Spry Servers, LLC’s policy.

Spry Servers, LLC will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Spry Servers, LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Spry Servers, LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Spry Servers, LLC assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Spry Servers, LLC may disclose subscriber information or information transmitted over its network where necessary to protect Spry Servers, LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Spry Servers, LLC will never sell information to other services or outside companies.

Spry Servers, LLC expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Spry Servers, LLC policy. Finally, Spry Servers, LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Spry Servers, LLC for any violation of the Service Agreement, law or Spry Servers, LLC policy resulting in loss to Spry Servers, LLC or the bringing of any claim against Spry Servers, LLC by any third party. This means that, if Spry Servers, LLC is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Spry Servers, LLC, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Spry Servers, LLC and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@spryservers.net.

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