Acceptable Use Policy (AUP)

1. Introduction and Scope

This Acceptable Use Policy (this "AUP") defines the rules, parameters, and restrictions governing the access to and utilization of the website, network infrastructure, virtual machines, cloud instances, backup services, APIs, and managed IT services (collectively, the "Products and Services") provided by Wingu Technology LLC, a Florida limited liability company ("Wingu Technology", "we", "us", or "our").

This AUP applies to all clients, account holders, reseller partners, administrative users, end-users, and third-party traffic interacting with or traversing our infrastructure (collectively, "Customers", "Users", or "you"). This AUP is incorporated by reference into our Master Terms of Use, Service Level Agreement (SLA), Data Processing Agreement (DPA), and Privacy Policy.

2. Customer Responsibility and Sub-Tenant Accountability

Customers are solely responsible for all content, applications, databases, scripts, and network traffic transmitted, hosted, stored, or processed under their accounts. Customers must maintain reasonable security controls to prevent unauthorized access or system misuse. If a Customer operates as a reseller, multi-tenant provider, or managed service client, the Customer must ensure that all sub-tenants and end-users strictly adhere to the terms of this AUP.

Wingu Technology does not pre-screen, systematically monitor, or police Customer-hosted content or virtual machine workloads. However, we reserve the right to audit, investigate, and take immediate corrective action regarding any account or workload that threatens the integrity, performance, or security of our network infrastructure.

3. Prohibited Infrastructure and Network Activities

Customers and end-users are strictly prohibited from utilizing Wingu Technology infrastructure to engage in, facilitate, or attempt any of the following technical activities:

• Denial of Service Attacks: Initiating, relaying, or participating in Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks, flood pings, SYN floods, mail-bombing, or packet spoofing.
• Network Subversion and Port Scanning: Executing unauthorized port scans, IP range sweeps, packet sniffing, vulnerabilities testing, brute-force password attacks, or credential stuffing against any system, network host, or account on Wingu Technology's network or any third-party network.
• Malware and Exploits: Creating, hosting, executing, or distributing computer viruses, worms, Trojan horses, keyloggers, ransomware, rootkits, or zero-day exploit packages.
• Unassigned IP Usage: Binding, routing, or transmitting traffic using IP addresses that have not been explicitly assigned to the Customer's account by Wingu Technology network engineering.
• IRC and Botnet Operation: Hosting, connecting, or operating Internet Relay Chat (IRC) servers connected to global public IRC networks (e.g., Undernet, EFnet), operating IRC "bots", hosting command-and-control (C2) servers, or maintaining botnets.
• Open Relays and Proxies: Operating open mail relays, open recursive DNS resolvers, public proxy aggregation nodes, or unauthenticated HTTP/SOCKS proxies.

4. Prohibited Content and Legal Restrictions

Customers shall not host, store, post, transmit, or distribute any content, data, or material on or through Wingu Technology's infrastructure that violates applicable federal, state, local, or international laws, regulations, or court orders ("Applicable Laws"). Prohibited content includes, without limitation:

• Child Exploitation (Zero Tolerance): Any images, media, text, or content classified under US federal or state law as Child Sexual Abuse Material (CSAM), child pornography, or child exploitation. Any discovery of CSAM will result in immediate service termination, permanent server isolation, and mandatory reporting to the National Center for Missing & Exploited Children (NCMEC) and law enforcement authorities.
• Intellectual Property Infringement: Material that infringes upon the copyright, trademark, patent, trade secret, or proprietary rights of any third party. Wingu Technology enforces strict Digital Millennium Copyright Act (DMCA) compliance policies.
• Fraud, Scams, and Deception: Material that facilitates wire fraud, financial scams, pyramid schemes, fake weblogs designed to manipulate search rankings ("splogs"), or deceptive "phishing" websites designed to harvest sensitive personal or financial credentials.
• Unlawful Products and Services: Content promoting or facilitating the illegal sale of firearms, unlicensed prescription medication, illicit controlled substances, unregulated gambling, or prostitution.
• Incitement to Harm and Harassment: Content that threatens bodily harm, incites violence or terrorism, promotes property destruction, or constitutes targeted harassment or stalking against any individual or protected group under law.
• Bestiality and Extreme Obscenity: Content classified under federal or Florida state law as illegal obscenity or bestiality.

5. Email, Mass Messaging, and Spam Restrictions

Wingu Technology enforces a strict zero-tolerance policy against unsolicited bulk commercial email ("Spam"). Customers operating e-mail servers or application messaging across our network must comply fully with the US CAN-SPAM Act of 2003 and applicable international messaging regulations.

A. Mass Mailings and List Management

• Confirmed Opt-In (COI) Requirement: Bulk email mailings may only be sent to recipients who have explicitly consented to receive communications via a Confirmed Opt-In (Double Opt-In) registration process. Purchased, rented, scraped, or third-party email lists are strictly prohibited.
• Verifiable Recordkeeping: Customers operating mailing lists must maintain complete, time-stamped records of all recipient opt-in consents and provide positive, verifiable proof of consent to Wingu Technology within twenty-four (24) hours of a formal inquiry or abuse report.
• Unsubscribe Mechanisms: All mass mailings must include a functional, single-click automated unsubscribe mechanism that permanently removes the recipient from future distributions immediately.

B. Email Abuse and Forgery

• Header Forgery ("Spoofing"): Forging, altering, omitting, or deleting email message headers, return path metrics, or IP routing data to conceal the origin of a message is strictly prohibited.
• Spamvertising: Hosting web pages, DNS records, or downloadable assets on Wingu Technology infrastructure that are advertised or linked within spam emails sent from external third-party networks ("spamvertising").

6. System Resource Allocation and Backup Rules

To preserve equitable resource distribution across our multi-tenant cloud platforms, Customers must adhere to system utilization parameters:

• Excessive File Duplication: Storing thousands of identical, redundant, or unindexed raw file archives that degrade file system performance across shared SAN/NAS nodes is prohibited.
• Unapproved Mass File Distribution: Utilizing standard web hosting tiers or cloud file server instances as public high-volume download hubs ("megauploading") or unthrottled media streaming mirrors without a dedicated bandwidth allocation agreement is prohibited.
• Data Backup Disclaimer: Unless a Customer has explicitly subscribed to an managed backup package (such as an Arbor Vault instance), cloud instances and virtual machine disks are not guaranteed against data loss. Customers are solely responsible for maintaining off-site, independent backups of all critical operational data.

7. Legal Investigations and Law Enforcement Cooperation

Wingu Technology reserves the right to cooperate fully with civil or criminal law enforcement investigations concerning the use of our Products and Services. This cooperation includes, but is not limited to, responding to search warrants, court-ordered discovery demands, subpoenas, preservation requests, freeze orders, and regulatory subpoenas.

Wingu Technology reserves the right to bill the Customer for reasonable administrative and legal costs incurred in responding to civil discovery subpoenas or law enforcement requests directly resulting from Customer's alleged AUP violations.

8. Consequences of AUP Violations and Financial Penalties

If Wingu Technology determines, in its sole and absolute discretion, that a Customer or its end-users have violated any provision of this AUP, we reserve the right to enforce any or all of the following remedial actions without prior notice or liability:

• Issue formal administrative warnings or notices of non-compliance.
• Disable access to, or remove, specific infringing content, files, or application code.
• Suspend or temporarily isolate the affected virtual machine, IP address, or customer account.
• Effect IP address null-routing, block email protocols, or revoke DNS entries to prevent network degradation.
• Permanently terminate the Customer's account and purge associated data.
• Initiate civil legal proceedings to collect damages, obtain injunctive relief, or enforce compliance.

Blacklist Remediation Charges

If a Customer's actions, server configurations, or email practices result in Wingu Technology's IP addresses or network ranges being placed on industry blacklists (e.g., Spamhaus, Barracuda, SpamCop), Wingu Technology will charge the Customer a mandatory upfront fee of US $100.00 plus an administrative labor rate of US $200.00 per hour for all technical labor required to achieve blacklist removal and restore IP reputation.

9. Reporting AUP Violations

We encourage prompt reporting of any suspected violations of this AUP. To submit a formal abuse complaint or report illegal activity originating from our network, please contact our abuse engineering team at:

Wingu Technology LLC — Abuse Operations Desk
Email: support [at] wingutechnology [dot] com
Website: www.wingutechnology.com

To assist us in taking swift action, please include the following diagnostic information in your report: (i) the originating IP address; (ii) exact date, time, and time zone of the incident; (iii) full, unedited email header details or firewall access logs demonstrating the alleged violation; and (iv) any relevant evidence of infringement or malicious behavior.