Acceptable Use Policy
BLUE ARCTIC – ACCEPTABLE USE POLICY (AUP)
This Acceptable Use Policy (“AUP”) is incorporated into and made part of the Blue Arctic Terms of Service (TOS). All capitalized terms not otherwise defined herein shall have the meaning set forth in the TOS. By accessing or using Blue Arctic’s Services or Network, you agree to comply with this AUP. In the event of any inconsistency between this AUP and the TOS, the stricter requirement shall govern.
Violations of this AUP may result in suspension or termination of Services in accordance with the TOS. Such suspension or termination shall not relieve you of your payment obligations, including those relating to required notice periods under the TOS.
ARTICLE I. GENERAL PRINCIPLES
Blue Arctic supports the free and uncensored flow of information and does not generally exercise editorial control over content created, transmitted, or stored using the Services. However, Blue Arctic retains the right, in its sole discretion, to remove or restrict access to any material that it deems unlawful, that may subject Blue Arctic to liability, or that otherwise violates this AUP. Blue Arctic may cooperate with law enforcement and third parties in the investigation of suspected violations of law or of this AUP.
Blue Arctic is not obligated to monitor, review, or police data or content transmitted or stored on its Network, nor does this AUP create any duty to any third party. Blue Arctic expressly disclaims liability for the actions of Users and for the content they transmit, store, or make available through the Services.
Each Customer remains fully responsible for any use of the Services by itself, its clients, end-users, employees, contractors, or other third parties who access the Services through the Customer’s account, whether such use is authorized or not.
ARTICLE II. PROHIBITED CONDUCT
Section 1. Illegal Activity or Content
The Services may not be used for any unlawful purpose or in connection with any criminal or civil violation. Customers are strictly prohibited from using the Services or Network to transmit, distribute, retrieve, or store any information, data, or other material in violation of applicable law. This prohibition includes, but is not limited to:
- Unauthorized use or transmission of copyrighted material, trade secrets, or other intellectual property;
- Content constituting illegal threats, harassment, defamation, or obscenity;
- Content in violation of export control laws; or
- Any material that is otherwise unlawful under applicable federal, state, or international law.
Section 2. Network Abuse
The following activities are expressly prohibited and constitute abuse of the Network:
- Launching or participating in denial-of-service attacks, or any activity intended to exhaust the resources of a host or network;
- Monitoring data or traffic on any system or network without authorization;
- Accessing computers, accounts, or networks without authorization, including attempts to bypass or compromise security;
- Port-scanning, vulnerability scanning, or any precursor activity to system penetration;
- Introducing malicious programs, including viruses, worms, trojans, or key loggers;
- Injecting false data into the Internet, including false routing or DNS information;
- Forging headers of email or other transmissions; or
- Executing network activities designed to intercept data not intended for the Customer’s server.
Section 3. Unsolicited Email
Improper use of email (“spam”) is strictly prohibited. Without limitation, the following are violations of this AUP:
- Sending unsolicited commercial email to recipients who have not provided verifiable consent;
- Using purchased, rented, licensed, or traded email lists;
- Hosting web pages or services advertised in spam emails (“spamvertising”);
- Configuring servers as open mail relays or in any manner that facilitates third-party email forwarding;
- Operating unconfirmed or “single opt-in” mailing lists. All lists must use closed-loop (confirmed opt-in) procedures, and proof of confirmation must be retained;
- Using the Services to receive replies from spam emails;
- Purchasing or otherwise acquiring third-party lists for mailing through Blue Arctic; or
- Associating with or reselling services to entities listed in the Spamhaus Register of Known Spam Operations (ROKSO).
For Shared and WordPress Hosting, outgoing email transmissions are limited to three hundred (300) emails per hour. Exceeding this threshold may result in delivery failures, suspension, or enforcement action.
Section 4. IRC and Proxy Servers
All Internet Relay Chat (IRC) activity is prohibited, including but not limited to running IRC clients, servers, bots (such as Eggdrop), proxies (such as psyBNC), or web-based IRC software. Similarly, proxy servers of any type are prohibited, including but not limited to SOCKS proxies, Squid proxies, Bittorrent proxies, Tor, and CGI or PHP-based proxy scripts.
Section 5. Facilitating Violations
You may not advertise, transmit, or otherwise make available any program, product, or service designed to violate this AUP. Prohibited facilitation includes, without limitation, distributing tools for spamming, launching denial-of-service attacks, or engaging in mail-bombing or flooding.
Section 6. Network and VPS Performance
Because Blue Arctic Services operate on shared infrastructure, Customers must not use resources in a manner that adversely impacts network or server performance. Excessive use of CPU, memory, disk space, or bandwidth that degrades service for others is prohibited.
For VPS accounts operating on shared resources, Customers may not run resource-intensive applications that impair overall performance. Blue Arctic reserves the right to limit or suspend such activities, or to require the Customer to upgrade to a higher plan.
ARTICLE III. ENFORCEMENT AND REMEDIES
Section 1. Investigations
Blue Arctic may investigate suspected violations of this AUP. Customers are expected to cooperate with any such investigation, including providing relevant information, log files, or access as requested.
Section 2. Actions
In response to violations, Blue Arctic may, in its sole discretion, take one or more of the following actions:
- Issue written or verbal warnings;
- Suspend access to the Customer’s Services or content;
- Remove or disable access to offending content;
- Block email or other transmissions;
- Null-route IP addresses;
- Suspend or terminate accounts;
- Bill administrative or reconnection fees;
- Initiate legal proceedings to enjoin violations and/or recover damages.
The foregoing remedies are not exclusive. Blue Arctic reserves the right to pursue any and all other remedies available at law or in equity.
Section 3. Reporting Violations
Suspected violations of this AUP should be reported to Blue Arctic’s Abuse Department via the designated contact form. Reports should include, where possible, the IP address, date and time of the alleged violation (with time zone), and supporting evidence such as full email headers or log files.
ARTICLE IV. LIABILITY, INDEMNIFICATION, AND SURVIVAL
Violations of this AUP that result in suspension or termination do not relieve Customer of its payment obligations under the TOS, including obligations to provide required notice. Customers agree to indemnify and hold harmless Blue Arctic from any claims, damages, or expenses arising from violations of this AUP.
No service credits will be issued for interruptions of Service caused by enforcement of this AUP.
The obligations of indemnification and payment shall survive termination of the Customer’s account.
ARTICLE V. PRIVACY AND DATA PROTECTION
Blue Arctic may amend this AUP at any time by posting an updated version online. Such amendments shall be effective immediately upon posting. Continued use of the Services following any amendment constitutes acceptance.
This AUP shall be governed by and construed in accordance with the laws of the State of Florida, with exclusive jurisdiction and venue in the state and federal courts located in Orange County, Florida, as provided in the TOS.
EFFECTIVE DATE: THIS TERMS OF SERVICE WAS LAST UPDATED ON SEPTEMBER 2025.
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