Acceptable Use Policy

Last Updated: September 1, 2025

This agreement (“Agreement”) is between hosting service provider Antoine Holman (DBA Flagship Digital Marketing) (hereinafter referred to as “Flagship Digital Marketing”) and the Customer (“Customer”) specified in the electronic order form annexed herein by reference (“Order”). The agreement takes effect as of the date of the order.

By using services (“Services”) provided by Flagship Digital Marketing, Customers agree to comply with the Acceptable Use Policies outlined in this agreement (AUP) and also to indemnify Flagship Digital Marketing against any claims arising from any violation of this Policy as per sections 16 and 17 of the Flagship Digital Marketing Service Agreement.

Flagship Digital Marketing reserves the right to change this Acceptable Use Policy at any time without notice. Changes will be effective immediately upon posting to the Company’s website at https://Flagshipdm.com.

Flagship Digital Marketing Customers agree to and are responsible for regularly reviewing this Policy. Continued use of Flagship Digital Marketing services following any changes shall constitute acceptance of those changes by Customer.

This policy recognizes the fundamental fact that no one owns or controls the Internet. Flagship Digital Marketing cannot monitor or control all activities of our Customers and their clients. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. Customers, not Flagship Digital Marketing, assume all responsibility relating to their Internet activities, including, but not limited to:

1. Aspects of the Customer’s business
2. Content and data provided by or through a Customer
3. Customer’s computer and communications systems needed to access the Services
4. Results obtained from using Flagship Digital Marketing Services
5. Compliance with all applicable laws and governmental regulations regarding Customer’s business or use of the Services
6. Use of the Flagship Digital Marketing services by Customer’s end users
7. Compliance with this Acceptable Use Policy by the Customer and Customer’s end users

Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility when using the Services, including the responsibility to comply with this Acceptable Use Policy.

Customers will violate this Policy when they or their affiliates engage in any of the following activities:

Network Abuse

Using the Flagship Digital Marketing network in any way that adversely affects other customers is strictly prohibited. This includes but is not limited to:

1. Gaining or attempting to gain unauthorized access to servers or services. Such attempts include but are not limited to: “Internet phishing scams” (tricking other people into releasing their passwords or other confidential information or data), password robbery, security hole scanning, port scanning, probing, monitoring, or testing for system or network vulnerabilities.
2. Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
3. Intentionally omitting, deleting, forging, or misrepresenting transmission information, including headers, return addressing information, and IP addresses.
4. Using IP addresses that were not assigned to them by Flagship Digital Marketing.
5. Running Internet Relay Chat (IRC) servers, bots, or clients.

Illegal Content                                 

Accounts may be terminated that include content or where links are provided to content that:

1. Is unlawful.
2. It is generally considered offensive by the web community.
3. Promotes injury or physical harm against any group or individual.
4. Promotes or teaches illegal activities.
5. Exploits or depicts children in a negative or sexual way.
6. Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property, including but not limited to pirated computer programs, cracker utilities, warez, and software serial numbers or registration codes.
7. Violates any law, statute, ordinance, or regulation governing the Customer’s business or activities, including, without limitation, the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer, and telecommunications.

SPAM or Unsolicited Commercial Email

Flagship Digital Marketing has a zero-tolerance policy for sending spam or unsolicited commercial email (UCE) over our network. Flagship Digital Marketing Customers cannot send SPAM or UCE, and cannot host sites or information advertised in SPAM or UCE. Customers are also responsible for their client’s actions. They must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g., open email relays and insecure CGI scripts).

Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, Flagship Digital Marketing will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, Flagship Digital Marketing will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer’s access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter.

PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS. Flagship Digital Marketing reserves the right to apply a minimum charge of $200 USD per complaint investigation and resolution.

Flagship Digital Marketing Administrative Login and Management Software

To facilitate data center/network/server management, inventory, and related activities, Flagship Digital Marketing VPS and shared servers include a Flagship Digital Marketing administrative account, password, and/or a Flagship Digital Marketing daemon. Flagship Digital Marketing takes all reasonable precautions to maintain the security of these tools and the privacy of client data. Customers are prohibited from tampering with, hindering, deleting, or altering in any way the functioning of these tools. To do so intentionally or otherwise violates this agreement and is grounds for the immediate suspension of a Customer’s account.

Account Cancellation

This Acceptable Use Policy (AUP) is not exhaustive. Flagship Digital Marketing has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the AUP as outlined above.

Additional Fees

Flagship Digital Marketing reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. The standard Flagship Digital Marketing investigation/resolution/cleanup fee is $300 US or more, depending on circumstances. In the case of SPAM activity, additional hourly fees, charged at Flagship Digital Marketing standard rates, may apply.

Modifications to this Acceptable Use Policy

Flagship, at its sole discretion, may modify this AUP occasionally. Flagship will post any modifications to this AUP on its website (www.Flagshipdm.com) at least thirty (30) days before its effective date. Use of the Hosting Services after such effective date will constitute acceptance of the modification.