AbleCommerce Hosting (“ACH”)

This Acceptable Use Policy (“AUP”) governs the use of services provided by AbleCommerce Hosting (“ACH”) and is incorporated into the Master Services Agreement (“Agreement”). Capitalized terms not defined herein have the meanings set forth in the Agreement.

1. Overview

This AUP defines acceptable and prohibited uses of ACH services. It is designed to protect the integrity, security, and reliability of ACH’s network and services.

ACH may update this AUP at any time upon reasonable notice. Continued use of the Services constitutes acceptance of the updated AUP.

Violation of this AUP may result in:

  • suspension or termination of Services
  • removal of content
  • additional fees for remediation
  • legal action

No service credits will be issued for interruptions resulting from AUP violations.

2. Customer Responsibility

Customer is solely responsible for:

  • all use of the Services
  • all content transmitted, stored, or processed
  • the actions of its users, clients, and third parties

Customer is responsible for maintaining the security of its systems, applications, and credentials.

3. Security and Required Protections

To maintain a secure hosting environment, ACH may require Customers to implement specific security controls, including but not limited to routing traffic through Cloudflare or an ACH-approved equivalent.

Failure to implement or maintain required security controls may result in:

  • suspension of Services
  • removal from the network
  • ineligibility for SLA uptime commitments

Customers are responsible for:

  • patching and updating applications
  • securing credentials and access
  • preventing unauthorized access or abuse

ACH is not responsible for security vulnerabilities within Customer applications or code.

4. Prohibited Activities

Customers may not use ACH Services to engage in, facilitate, or support:

4.1 Illegal Activities

  • Any violation of applicable laws or regulations
  • Fraud, scams, or deceptive practices
  • Distribution of illegal content

4.2 Security Violations

  • Unauthorized access to systems or data
  • Port scanning, vulnerability scanning, or probing without authorization
  • Attempted exploitation of systems or services
  • Interference with network operations (e.g., DDoS, flooding)

4.3 Abuse of Resources

  • Excessive resource usage that degrades performance for others
  • Running processes that destabilize shared environments
  • Cryptocurrency mining or similar resource-intensive workloads (unless explicitly permitted)

4.4 Harmful or Disruptive Content

  • Malware, ransomware, or malicious code
  • Content that incites harm or facilitates illegal activity

5. Email and Messaging Policy

5.1 Prohibited Email Practices

Customers may not:

  • Send unsolicited bulk email (spam)
  • Use misleading headers or falsified sender information
  • Operate open relays or unsecured mail services

5.2 Permitted Email (Opt-In Only)

Customers may send email only if:

  • recipients have explicitly opted in
  • unsubscribe mechanisms are provided and honored promptly
  • sender identity and contact information are clearly disclosed

Customers are responsible for compliance with:

  • CAN-SPAM Act
  • applicable international email regulations

ACH reserves the right to suspend services associated with email abuse or blacklist listings.

6. Intellectual Property and DMCA

Customers may not use the Services to infringe intellectual property rights.

ACH complies with the Digital Millennium Copyright Act (DMCA).
Notices of infringement may be sent to: abuse@ablecommerce.net

ACH may remove or disable access to infringing content without notice.

7. Network Integrity and Fair Use

Customers must not:

  • disrupt or degrade network performance
  • interfere with other customers
  • attempt to bypass system limitations or controls

ACH reserves the right to throttle, suspend, or restrict services that negatively impact the network.

8. Data Security and Backups

Customers are responsible for maintaining independent backups of their data.

ACH may provide backup services as a convenience but:

  • does not guarantee backup availability or integrity
  • is not responsible for data loss

Data restoration services may incur additional fees.

9. Suspension and Enforcement

ACH may, in its sole discretion:

  • suspend or terminate Services immediately
  • remove content
  • restrict access

This may occur without prior notice if necessary to:

  • protect the network
  • prevent harm
  • comply with legal obligations

Customers remain responsible for all fees during suspension.

10. Fees and Remediation

Customers may be charged for:

  • security incident response
  • abuse investigations
  • system recovery or cleanup

Such services are billed at ACH’s then-current rates.

11. Law Enforcement and Cooperation

ACH may investigate violations and cooperate with law enforcement or regulatory authorities as required.

12. No Duty to Monitor

ACH is not obligated to monitor Customer activity but reserves the right to do so for security and compliance purposes.

13. Resellers and Third Parties

Customers are responsible for ensuring that their users, clients, and resellers comply with this AUP.

Violations by third parties are deemed violations by the Customer.

14. Relationship to Agreement and SLA

This AUP is part of the Agreement.

  • Violations may void SLA eligibility
  • Required security controls (e.g., Cloudflare) are mandatory for uptime commitments
  • All limitations of liability in the Agreement apply

15. Acknowledgment

By using ACH Services, Customer acknowledges and agrees to comply with this AUP.