The following constitute violations of this AUP:

• Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
• Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
• Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
• Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
• Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
• Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
• Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
• Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Black Onyx Webhosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
• Copyright or trademark infringement. Using the Services to transmit or display any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
• Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Reselling the services. Reselling the Services without Black Onyx Webhosting's authorization, or the purchase of a Reseller's account.
• Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Black Onyx Webhosting Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
• Exceeding Web Site Size and Traffic Limitations: All Black Onyx Webhosting Members receive a specific amount of web (disk) space for use with their Black Onyx Webhosting domain accounts. In addition to this, each member is also allocated a certain amount of traffic per month (traffic is calculated on a formula multiplying the number of hits that your site receives by the size of your files). If a site exceeds its maximum monthly allotment of traffic, the domain admin will be contacted via email or telephone, informing them of the associated charges incurred. If the domain admin (or a designated representative) cannot be contacted or does not acknowledge the receipt of the notification, Internet access to that domain will be temporarily disabled until either A) this action has been resolved or B) the start of the next calendar month. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools.

Black Onyx Webhosting requests that anyone who believes that there is a violation of this AUP direct the information to our Abuse Department, at: support@black-onyx.com. If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information. Black Onyx Webhosting may take any one or more of the following actions in response to complaints:

• issue warnings: written or verbal
• suspend the Member's domain account/access
• terminate the Member's domain account/access
• bill the Member for administrative costs and/or reactivation charges
• bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Black Onyx Webhosting reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in a prominent location on the website, and will be in accordance with the policies outlined in by our Internet Services Agreement.