Acceptable Use Policy

1. Introduction and Scope

This Acceptable Use Policy ("AUP") defines the acceptable and prohibited uses of TransPark Technology Inc. ("TransPark") hosting services, network resources, and infrastructure. This Policy applies to all clients, their end users, and any person who accesses or uses TransPark services.

This AUP is incorporated into and forms part of the TransPark Terms of Service. Violation of this Policy constitutes a material breach of the Terms of Service and may result in suspension or termination of your account.

TransPark reserves the right to update this Policy at any time. Material changes will be communicated via email at least thirty (30) days in advance. Your continued use of the Services after changes take effect constitutes acceptance of the updated Policy.

You are responsible for ensuring that all users of your account, including employees, contractors, and end users of your hosted websites or applications, comply with this Policy.

2. Prohibited Content

The following types of content are strictly prohibited on TransPark infrastructure. Hosting, storing, distributing, or linking to such content will result in enforcement action:

Spam and Unsolicited Communications: Content created or distributed for the purpose of sending unsolicited bulk email (spam), unsolicited commercial messages, or any electronic communications that violate Canada's Anti-Spam Legislation (CASL).

Malware and Malicious Software: Viruses, trojans, worms, ransomware, spyware, keyloggers, rootkits, exploit kits, or any other software designed to damage, disrupt, or gain unauthorized access to computer systems.

Phishing and Fraud: Websites, pages, emails, or content designed to deceive users into revealing personal information, credentials, or financial data. This includes spoofed login pages, fake business sites, and social engineering materials.

Illegal Content: Any content that violates Canadian federal, provincial, or municipal law, including but not limited to: child sexual abuse material (CSAM), content promoting terrorism, content facilitating drug trafficking, stolen data or credentials, counterfeit goods, and materials that incite violence or hatred.

Adult Content: Pornographic or sexually explicit material is prohibited without prior written approval from TransPark. Clients wishing to host adult content must submit a request to support@transpark.tech and comply with all applicable laws including age verification requirements. Approval is granted at TransPark's sole discretion.

Hate Speech and Discrimination: Content that promotes hatred, violence, or discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic under Canadian human rights legislation.

Copyright Infringement: Content that infringes the intellectual property rights of others, including pirated software, unauthorized copies of copyrighted media, torrent trackers for copyrighted material, and circumvention tools designed to bypass digital rights management (DRM).

Defamatory Content: Content that is knowingly false and intended to damage the reputation of an individual or organization, as defined under Canadian defamation law.

3. Prohibited Activities

The following activities are strictly prohibited on TransPark infrastructure, regardless of intent:

Cryptocurrency Mining: Using server resources for cryptocurrency mining, blockchain computation, or any form of distributed computing that is not the primary purpose of the hosting service. This includes both direct mining and hosting mining pool software.

Port Scanning and Network Probing: Scanning or probing ports, services, or vulnerabilities on systems that you do not own or have explicit written authorization to test. This includes network reconnaissance, service fingerprinting, and vulnerability scanning directed at third parties.

Brute Force Attacks: Attempting to gain unauthorized access to systems, accounts, or services through automated credential guessing, dictionary attacks, or other brute force methodologies, whether directed at TransPark infrastructure or third-party systems.

Unauthorized Bulk Email: Sending bulk email or commercial electronic messages without the express or implied consent of recipients as required by CASL. This includes purchased email lists, scraped addresses, and mass messaging through web forms.

Unauthorized Reselling: Reselling, sublicensing, or redistributing TransPark services to third parties without explicit written authorization from TransPark. Authorized reseller arrangements must be established through a separate reseller agreement.

Resource Abuse: Running processes or applications designed to consume excessive server resources (CPU, memory, disk I/O, network bandwidth) in a manner that degrades performance for other clients on shared infrastructure.

Open Relays and Proxies: Operating open mail relays, open DNS resolvers, open proxy servers, or any misconfigured services that can be exploited by third parties for abuse.

IP Address Abuse: Engaging in activities that result in TransPark IP addresses being blacklisted, including but not limited to spamming, phishing, or hosting malware command-and-control servers.

4. Resource Usage Limits

Each hosting plan includes specific resource allocations. You are expected to operate within the limits of your selected plan. The following resource policies apply:

CPU and Memory: Each plan includes a defined allocation of CPU cores and RAM. Sustained usage exceeding your plan's allocation for more than fifteen (15) consecutive minutes may trigger automated throttling. Persistent overuse (exceeding allocation for more than 24 hours in aggregate per week) will result in a notification and recommendation to upgrade.

Bandwidth: Each plan includes a monthly bandwidth allocation. Bandwidth is measured as the total data transferred to and from your account. If you exceed your monthly allocation, additional bandwidth is billed at posted overage rates. TransPark will notify you when you reach 80% of your allocation.

Storage: Disk space is allocated per plan. Storage includes all files, databases, emails, logs, and backups stored within your account. Exceeding your storage allocation may prevent new files from being uploaded until space is freed or your plan is upgraded.

Inode Limits: Each hosting plan has a maximum number of files (inodes) permitted. Accounts exceeding 200% of their inode allocation may be suspended until files are removed.

Database Connections: Concurrent database connection limits are enforced per plan. Applications that consistently exhaust available connections may be throttled to protect database server stability.

Email Sending Limits: Outgoing email is rate-limited to prevent abuse and protect IP reputation. Standard hosting plans are limited to 200 emails per hour and 2,000 emails per day. Clients requiring higher sending volumes must use a dedicated email plan or approved third-party email service.

Process Limits: The maximum number of concurrent processes per account is defined by your plan. Fork bombs, runaway processes, or applications that spawn excessive child processes will be automatically terminated.

5. Email Policy

Email services provided by TransPark are subject to the following requirements, which are designed to ensure compliance with Canada's Anti-Spam Legislation (CASL) and to protect the reputation of our shared mail infrastructure:

CASL Compliance: All commercial electronic messages sent through TransPark infrastructure must comply with CASL requirements, including: (a) having the express or implied consent of each recipient; (b) clearly identifying the sender and providing contact information; (c) including a functional unsubscribe mechanism; and (d) processing unsubscribe requests within ten (10) business days.

Consent Records: Clients sending commercial emails must maintain records of consent for each recipient, including how and when consent was obtained. These records must be available for review by TransPark upon request.

Maximum Sending Rates: Standard accounts: 200 emails per hour, 2,000 emails per day. Email-optimized plans: limits as specified in plan documentation. Exceeding these rates will result in email queuing or temporary delivery suspension.

Spam Policy: Sending spam (unsolicited bulk email) will result in immediate suspension of email services and may result in immediate account suspension. For the purposes of this Policy, spam includes any message sent to a recipient who has not provided consent as defined by CASL.

Bounce Rate: Accounts with a bounce rate exceeding 5% on outgoing email may have email services throttled or suspended pending review. A high bounce rate indicates poor list hygiene and potential violation of consent requirements.

Blacklist Impact: If email activity from your account causes TransPark IP addresses to be listed on email blacklists (RBLs/DNSBLs), your email services will be immediately suspended. Reinstatement requires resolution of the underlying issue and may be subject to a review period.

Mailing Lists: Operating mailing lists is permitted only with confirmed opt-in (double opt-in) subscriber management. List owners must promptly remove unsubscribed and bouncing addresses.

6. Network Abuse

The following network activities are strictly prohibited and will result in immediate enforcement action:

Distributed Denial of Service (DDoS): Initiating, participating in, or facilitating DDoS attacks against any target, whether TransPark infrastructure or third-party systems. This includes hosting DDoS-for-hire services, booter/stresser panels, or amplification tools.

Botnets: Operating, hosting, or facilitating command-and-control (C2) infrastructure for botnets. This includes hosting bot binaries, C2 panels, or communication channels used to coordinate compromised systems.

Vulnerability Scanning of Others: Conducting security scans, penetration tests, or vulnerability assessments against systems you do not own or have explicit written authorization to test. Scanning your own hosted applications is permitted.

Traffic Manipulation: Spoofing IP addresses, manipulating packet headers, or engaging in any form of traffic injection or interception that affects other clients or network participants.

Network Disruption: Any activity that causes disruption to TransPark's network, other clients' services, or the broader internet, including but not limited to: ARP spoofing, BGP hijacking, DNS poisoning, or bandwidth flooding.

Tor Exit Nodes: Operating Tor exit nodes on TransPark infrastructure is prohibited due to the abuse reports and legal liability associated with exit node traffic.

Unauthorized Access: Attempting to gain unauthorized access to TransPark systems, other clients' accounts, or any system connected to our network. This includes exploiting vulnerabilities, using stolen credentials, or bypassing access controls.

7. Enforcement Procedure

TransPark enforces this Policy through a graduated response process, with the severity of the response proportional to the nature and impact of the violation:

Non-Critical Violations: For violations that do not pose an immediate security threat or legal risk (such as minor resource overuse, non-malicious AUP violations, or first-time minor offences), TransPark will: (a) send a written notice to the account holder identifying the violation; (b) provide a minimum of twenty-four (24) hours to resolve the issue; and (c) offer guidance on how to achieve compliance.

Immediate Suspension (Security Threats): TransPark reserves the right to immediately suspend services without prior notice when: (a) the account is being used for active security attacks (DDoS, malware distribution, phishing); (b) the account poses an immediate threat to the security or stability of our infrastructure or other clients; (c) the content is clearly illegal under Canadian law (CSAM, terrorism); or (d) we receive a valid legal order requiring immediate action.

Graduated Enforcement for Repeat Violations:

• First violation (non-critical): Written warning with 24-hour resolution period
• Second violation within 12 months: Written warning with 12-hour resolution period
• Third violation within 12 months: Immediate suspension pending review
• Fourth violation or persistent non-compliance: Account termination

Appeal Process: If your account is suspended or terminated, you may appeal the decision by submitting a support ticket within seven (7) days of the enforcement action. Appeals must include: (a) an explanation of the circumstances; (b) evidence that the violation has been resolved or was made in error; and (c) steps you will take to prevent recurrence. Appeals are reviewed within three (3) business days.

Data Access During Suspension: During suspension for non-security violations, TransPark will, upon request, provide reasonable access to your data for backup or migration purposes. This access is not provided when suspension is due to legal orders, active security threats, or illegal content.

8. Reporting Abuse

If you believe that a TransPark client is violating this Acceptable Use Policy, please report the abuse to:

Email: abuse@transpark.tech

When reporting abuse, please include the following information to help us investigate promptly:

• The IP address or domain name involved in the abuse
• A description of the abusive activity or content
• The date and time of the incident (with timezone)
• Any relevant evidence (log excerpts, screenshots, email headers)
• Your contact information for follow-up

Investigation Timeline: TransPark will acknowledge receipt of abuse reports within four (4) hours during business hours and will initiate an investigation within twenty-four (24) hours of receipt. Reports involving active security threats or illegal content are prioritized for immediate review.

Confidentiality: The identity of abuse reporters is kept confidential and will not be disclosed to the accused party unless required by law or court order.

False Reports: Submitting knowingly false or malicious abuse reports is itself a violation of this Policy and may result in enforcement action against the reporter's account.

9. Cooperation with Law Enforcement

TransPark Technology Inc. cooperates with Canadian law enforcement agencies in accordance with applicable law. Our approach balances legal compliance with the protection of our clients' privacy rights:

Court Orders Required: TransPark requires a valid Canadian court order, warrant, or production order before disclosing client information or content to law enforcement. We do not voluntarily disclose client information in response to informal requests, subpoenas from foreign jurisdictions (without domestication), or law enforcement requests that lack proper legal authorization.

Client Notification: When we receive a legal order requiring disclosure of client information, we will notify the affected client before complying with the order, unless: (a) the order includes a non-disclosure provision (gag order); (b) notification would compromise an ongoing investigation as determined by the court; or (c) notification would create a risk of harm to any individual.

Scope Limitation: TransPark will comply only with the specific scope of a legal order and will not provide information beyond what is legally required. We will challenge overly broad or legally questionable orders where appropriate.

Preservation Requests: TransPark will honor valid preservation requests from Canadian law enforcement that comply with applicable legal requirements. Preserved data will be held for the period specified in the preservation order or for ninety (90) days, whichever is shorter, unless extended by court order.

Emergency Exceptions: In cases involving an imminent threat to life or serious bodily harm, TransPark may disclose limited information to law enforcement without a court order, as permitted under PIPEDA. Such disclosures are limited to what is necessary to address the immediate threat and are documented internally.

Transparency: TransPark is committed to transparency regarding law enforcement requests. We will publish an annual transparency report detailing the number and type of legal orders received, to the extent permitted by law.

10. Client Responsibility

As an account holder, you are responsible for all activities conducted under your account, including the actions of your end users, customers, employees, and contractors. This includes:

End User Compliance: If you operate a service that allows third parties to publish content or use resources under your account (such as a forum, marketplace, or multi-tenant application), you are responsible for establishing your own acceptable use policies and for taking reasonable measures to enforce compliance.

Security: You are responsible for securing your applications, maintaining updated software, and addressing known vulnerabilities in a timely manner. TransPark may notify you of security issues we detect, but we are not obligated to monitor your applications for vulnerabilities.

Monitoring: You are responsible for monitoring your account for signs of compromise, abuse, or unauthorized access. TransPark provides server logs and monitoring tools to assist with this responsibility.

Prompt Resolution: When notified of a violation, you are expected to take prompt action to resolve the issue within the timeframe specified. Failure to respond or resolve may result in escalated enforcement action.

This document does not constitute legal advice. Consult a qualified legal professional for guidance specific to your situation.

TransPark Technology Inc. · 1910 Haiku Street, Ottawa, Ontario K2J 6W8, Canada · abuse@transpark.tech