Fusion Arc Hosting – Acceptable Use Policy (AUP)
Last Updated: 9-12-2025
1) Overview & Incorporation
This Acceptable Use Policy (“AUP”) governs use of services provided by Fusion Arc Hosting, a division of Fusion Arc Telecom LLC (“Fusion Arc,” “we,” “us,” “our”). It is incorporated by reference into the Terms of Service (TOS) and applies to all customers, account holders, end-users, and visitors (“you”). We may modify this AUP at any time; continued use constitutes acceptance.
By using our services, you also agree to the TOS, Privacy Policy, Refund & Payment Policy, Service Level Agreement (SLA), DMCA Policy, Domain Registration & Renewal Policy, No Spam Policy, any other policy on our site and (if applicable) the Reseller Agreement.
2) Your Responsibilities
- You are responsible for all activity on your services, including actions by your users/clients/visitors.
- Use must be lawful, non-infringing, and must not harm Fusion Arc Hosting, our vendors, partners, or other customers.
- Maintain reasonable security (patches, strong passwords, least privilege, secure configs). Promptly remediate vulnerabilities/compromise.
- Comply with this AUP and any location-specific rules from our upstream datacenter/network providers where your service is hosted.
3) Prohibited Content & Activities (non-exhaustive)
3.1 Illegal, harmful, or abusive uses
- Child sexual abuse material (CSAM) or any exploitation of minors.
- Any activity violating local/state/federal/international law.
- Intellectual property infringement (copyright, trademark, patent). See DMCA Policy.
- Fraud/scams: phishing, identity theft, fake escrow/bank debentures, prime bank programs, HYIP/Ponzi/pyramid schemes, fabricated investments.
- Controlled substances sales without licensing; Cannabis/CBD sites are not permitted unless otherwise approved within a sales/abuse/support ticket.
- Gambling/lottery services or facilitation.
- Payday loan sites or affiliates.
- Hate speech, extremist, or violent content, threats, incitement of violence, or targeted harassment.
3.2 Security violations & network abuse
- Distribution/operation of malware, botnets/C2, remote shells/backdoors.
- Phishing kits/pages; impersonation sites.
- DDoS attacks or participation in amplification; IP spoofing.
- Unauthorized access attempts, bruteforce tools, credential stuffing.
- Port/IP scanners aimed at third-party systems without written authorization.
- Running open proxies, open SMTP relays, or open recursive DNS.
- IRC daemons/scripts/bouncers.
- Torrent applications/trackers on shared hosting (linking to legal torrents is allowed; hosting payloads is not).
- Any action that interferes with or degrades the stability/performance of our platform, servers, nodes, or networks.
3.3 Messaging, email & marketing abuse
- Spam of any form (email, SMS, IM, social, forum/comment spam, robocalls).
- Purchased/scraped lists or sending without verifiable consent/opt-in.
- Deceptive headers/subjects; missing/invalid unsubscribe.
- Hosting or promoting spamware/bulk-mailer tools (e.g., Mailer Pro, “push-button mail” scripts).
- Anonymous/bulk SMS gateways.
(See No Spam Policy for thresholds, cleanup fees, and the enforcement ladder.)
3.4 High-risk/disallowed categories (clarified)
Specific requests on if a website (you) contain or want to host is allowed can be submitted within an abuse/dmcs/fraud ticket.
- Cryptocurrency mining on any service (shared, reseller, VPS, dedicated, bare metal) is prohibited.
- Unlicensed wallets/exchanges or activities requiring money-transmitter licensing.
- Image/file dump/mirror sites (e.g., RapidShare-style).
- Warez/piracy sites or indexes; hacker archives/tools repositories.
- Topsites, link farms, autosurf/PTC/PTS/PPC schemes.
- Banner-ad rotation networks hosted from shared environments.
- Commercial audio/video streaming platforms on shared hosting; streaming of live sporting events (e.g., UFC, FIFA, NFL, MLB, NBA, WWE).
- Tell-a-friend mass referral scripts.
- MUDs/RPGs/PBBGs or similar on shared hosting (resource impact).
- Sites listed by recognized fraud-watch communities (e.g., aa419.org; escrow-fraud) absent remediation.
3.5 Adult content
- Legal adult content is permitted subject to law and upstream provider rules.
- Absolutely no CSAM, non-consensual content, or content violating any law.
- On shared hosting, we may restrict adult workloads that trigger abuse complaints or degrade performance.
3.6 OFAC/export controls & sanctioned parties
- Compliance with OFAC and applicable export controls is required.
- Services may not be used by, for, or on behalf of sanctioned countries, entities, or individuals.
4) Fair Use & Resource Policies
We use CloudLinux/LVE and related controls to keep multi-tenant environments stable and fair.
4.1 Shared/Reseller Hosting (typical thresholds)
- CPU/Memory/I/O: sustained use > 25% of any server resource for more than 90 seconds may be throttled, limited, or suspended.
- Cron: not more frequent than every 15 minutes and must be efficient.
- Web spiders/indexers, headless browsers, heavy scraping: not permitted.
- Gaming servers, daemons, proxies/VPNs: not permitted on shared hosting.
- Streaming: not permitted on shared hosting (use VPS/Dedicated).
- AI/ML workloads: not permitted on shared hosting due to resource impact.
4.2 Inodes (soft limits; backups impact)
Accounts over 100,000 inodes may be excluded from courtesy backups unless you purchase an available backup plan for your hosting cPanel. We’ll warn when practical; persistent/extreme overages may be suspended until resolved. We reserve the right to increase inode limits per a request submitted by a support or sales ticket. Increases in inode limits are not guaranteed.
4.3 Backup & storage misuse
- Shared/reseller accounts may not be used as generic backup/storage; you must use a storage hosting plan or a dedicated or VPS hosting plan.
- Keep only one current cPanel account backup in your account unless otherwise stated in a ticket opened within our client area.
- VPS/Dedicated/Bare Metal include no backups unless purchased.
4.4 VPS / Dedicated / Bare Metal
- You control the environment but must comply with this AUP and the law.
- VPN/proxy services are permitted if lawful and not used for abuse.
- Game servers are permitted if they do not cause network abuse/instability.
- AI/ML workloads are permitted if lawful and within resource/network limits.
- If your workload disrupts a node or network (e.g., heavy steal time, packet floods), we may throttle, rate-limit, or require mitigation/migration at your cost.
5) Intellectual Property & DMCA
- Do not upload, host, or link to copyrighted materials without authorization.
- We follow the DMCA and our DMCA Policy for notices and counter-notices (including repeat-infringer rules).
- Resellers must enforce DMCA requirements with their end-users.
6) Security & Malware Handling
- Immediate isolation/suspension may occur for: CSAM, active phishing, botnet/C2 operation, DDoS participation, or severe/ongoing harm.
- Compromised sites/servers: we typically quarantine and notify you. If it appears intentional or is not remediated promptly, we may suspend/terminate.
- We may scan, quarantine, and delete malicious files to protect the platform.
- You must remediate promptly. We may recommend tools/partners (e.g., Imunify360, BitNinja); remediation remains your responsibility unless you’ve purchased a managed security add-on.
7) Email & Sending Practices (key baseline)
- Comply with CAN-SPAM and all other anti-spam laws where you send.
- Use confirmed opt-in where possible; always include a working unsubscribe.
- Keep complaint/bounce rates within industry norms.
- Respect published send limits and hourly caps per plan.
- We may throttle/suspend sending if your traffic causes blacklisting/abuse. Cleanup/delisting fees may apply (see No Spam Policy).
8) Resellers
- Resellers must ensure all end-users comply with this AUP and all incorporated policies.
- Resellers are fully responsible for end-user actions and any resulting abuse, fees, or remediation.
- We may suspend an offending end-user service or, if required to protect the platform, the reseller’s parent service.
9) Upstream Providers & Location-Specific Rules
- We operate across multiple datacenters/network providers. Their AUPs, legal requirements, and technical limits also apply including any other policies listed on their websites that are relevant.
- We may migrate, throttle, or adjust your service to comply with upstream requirements or law.
10) Defamation Policy
- In accordance with 47 U.S.C. § 230 (CDA 230), Fusion Arc Hosting does not remove content solely on the basis of defamation allegations absent a valid court order.
- Upon receipt of a court order, we will remove/disable access to the specified material as required.
11) Enforcement & Remedies
Typical flow (may vary by severity):
- Detect/Report → 2) Review/Investigate (we may isolate/suspend first for high-risk) → 3) Notify (primary email on file) → 4) Remediate (often 24–48h for non-critical; immediate for high-risk) → 5) Repeat/Severe = termination.
Consequences may include: rate-limiting, filtering, quarantine, content removal, suspension, termination, fees for remediation/blacklist cleanup/excessive support time, upstream pass-through charges, and referral to law enforcement where required. We determine violations and remedies at our sole discretion.
12) Reporting Abuse
- Use our Contact Us page and select Abuse/DMCA/Fraud, or
- Email support@fusionarchosting.com with subject “ABUSE REPORT”.
Include: domains/IPs/URLs, timestamps (with timezone), logs/headers, clear description of harm, your contact details. Well-documented reports are prioritized.
13) Reserved Rights
- We may block/filter traffic to protect customers and platform stability.
- We may throttle or migrate workloads that threaten stability or violate upstream limits.
- We may require configuration changes or plan upgrades if your usage consistently exceeds plan design.
- This AUP’s lists are illustrative, not exhaustive; we may determine other uses unacceptable where they pose legal, security, or operational risk.
14) Definitions (short list)
- Shared/Web Hosting/Reseller: multi-tenant hosting with pooled resources.
- VPS: virtual private server with dedicated slices on a shared node.
- Dedicated/Bare Metal: single-tenant physical servers leased to a customer.
- Inode: filesystem entry for a file or directory.
- Spam: unsolicited or bulk messaging, or messaging without valid consent.
- Malware: software intended to damage, disrupt, or gain unauthorized access.
Contact
Fusion Arc Hosting – A Fusion Arc Telecom LLC Company
PO Box 1766, Gypsum, CO 81637
support@fusionarchosting.com
