AUSWEB’s Acceptable Usage Policy("The AUP") governs the use of AUSWEB's web hosting service. Violation of The AUP may result in suspension or termination of your service with or without warning, depending on the nature of the breach. In the event of a dispute between you and AUSWEB regarding the interpretation of The AUP, AUSWEB's interpretation, in its reasonable commercial judgment, takes precedence. If you have any questions regarding The AUP, please click this link to email us.

Table of Contents

1. Illegal Content
2. Game Servers
3. Internet Relay Chat (IRC)
4. Proxies
5. Security
6. Bulk Commercial E-Mail
7. Unsolicited E-Mail/Spam
8. Publishing Material Protected by Copyright
9. Copyright Infringement Notice
10. Internet Abuse
11. Other
12. Disclaimer
13. Account Suspension

1. Illegal Content

You may not publish or transmit via AUSWEB's service any content that AUSWEB reasonably believes is in breach of Australian law.

This can include, but is not limited to content that:

• constitutes child pornography;
• serves excessive violence simulated or otherwise, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person's privacy;
• clearly infringes on another person's trade or service mark, patent, copyright or other property rights;
• promotes or sells illicit substances, illegal gambling services, arms trafficking or violates export control law;
• is otherwise illegal or solicits conduct that is illegal under Australian law applicable to you or to AUSWEB; or
• is otherwise malicious, fraudulent, or may result in damages incurred to AUSWEB as a reaction to uploaded content.

Content "published or transmitted" via AUSWEB's service includes Web content, e-mail, bulletin board postings, hosted FTP content, chat and any other type of posting or transmission that relies on any services provided by AUSWEB.

2. Game Servers

Running Online Game Servers on any of our shared or virtual dedicated servers is explicitly forbidden on Ausweb's network. Due to the nature of the resources and network traffic requirements, Ausweb will not approve or provision services purchased for the purposes of gaming.

3. Internet Relay Chat (IRC)

Use of Internet Relay Chat on any of our shared or dedicated servers is explicitly forbidden. This includes, but is not limited to, running any clients, bots, redirection services (proxies) of any kind.

4. Proxies

Proxy sites/scripts/programs, in any form, are banned from running on AUSWEB servers. Very often, the software is simply not efficient in any manor, and causes service issues for any other sites on the server.

5. Security

Customers must take all reasonable security precautions to ensure their accounts and/or content are protected against unauthorised access or modifications. Customers must protect the confidentiality of their own password(s) and are wholly responsible to upgrade and secure any software installed by the customer on the AUSWEB servers in a timely manner.

Account compromise by a third party or otherwise, including but not limited to: phishing, redirections, meta-refresh scripts or defacement of an individual customer's website is not the responsibility of AUSWEB. AUSWEB has the responsibility to notify the customer utilising the information provided on sign-up in the CLIENT AREA and suspend the account at the earliest convenience, following a complaint from security advisories from security and/or law enforcement agencies.

Customers are not allowed to temper or override the AUSWEB shared server settings, including but not limited to  php.ini, mod_security, suhosin or anything which could compromise the integrity and performance of our systems

6. Bulk Commercial E-Mail

You must obtain AUSWEB's advance approval for any bulk broadcast of e-mail, which only may be accepted if satisfying the conditions defined below:

1. Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
2. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
3. You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and AUSWEB's requests to produce consent evidence within 72 hours of receipt of the request.
4. The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@**yourdomain.com**."
5. You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
6. You must post an abuse@**yourdoman.com** e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
7. You must have a Privacy Policy posted for each domain associated with the mailing;
   You have the means to track anonymous complaints;
8. You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
9. You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your AUSWEB service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your AUSWEB service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

AUSWEB may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

7. Unsolicited E-Mail/Spam

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must also comply with the rules of any other network you access or participate in using AUSWEB's services.

SPAM-ZERO TOLERANCE

If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation. AUSWEB may cancel the offender's account and terminate services immediately, with no prior notice or refund of unused service fees. This policy is to promote proper Internet etiquette.

8. Publishing Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner music, software, art, or other work protected by copyright law unless:

1. you have been expressly authorised by the owner of copyright for the work to copy the work in that manner;
2. you are otherwise permitted by established state or country copyright laws to copy the work in that manner.

AUSWEB reserves the right to terminate the services of customers who repeatedly infringe on copyrighted material.

9. Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the AUSWEB network, please send your written notice of copyright infringement to:

Via Postal Mail:

AUSWEB Pty Ltd
Abuse Department
Po Box 700
Darlinghurst Sydney NSW 1300
AUSTRALIA

Click here to contact us via email.

Your notice must include the following:

1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AUSWEB to locate the material;
4. Information reasonably sufficient to permit AUSWEB to contact you, such as an address, telephone number, and, if available, an e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the copyright owner's agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

10. Internet Abuse

You may not use any of AUSWEB’s services to engage in illegal, abusive, or irresponsible behavior, including:

1. Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to AUSWEB and its customers) without express authorisation of the owner of the system or network;
2. Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
4. Use of an Internet account or computer without the owner's authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
5. Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
6. Any conduct that is likely to result in retaliation against the AUSWEB's network and/or services; or
7. Use of AUSWEB's network and/or systems in a way that unreasonably interferes with AUSWEB's other customers use of the same resources.

11. Other

AUSWEB reserves the right at all times to refuse, suspend, or cancel a service that is deemed to pose a risk of retaliation against AUSWEB’s services and infrastructure due to the nature of the content being hosted on that service. Refusal of such services is at AUSWEB’s sole discretion.

You must have valid and current information on file with your domain name registrar for any domain hosted on the AUSWEB network.

You agree that when communicating with our staff, all communication will be void of profanity and/or abusive demeanor.

12. DISCLAIMER

AUSWEB will not be responsible for any damages which customers or their enterprises may suffer as a result direct or otherwise of using AUSWEB services. AUSWEB makes no warranties of any kind, expressed or implied for services we provide.

AUSWEB disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by AUSWEB and its employees. AUSWEB reserves the right to revise its policies at any time.

LIMITATION OF LIABILITY

In no event shall AUSWEB be liable to customer(s) for any damages resulting from, or related to, any failure or delay of AUSWEB in providing access to the internet under this agreement. AUSWEB makes no warranties of any kind, expressed or implied for services provided. AUSWEB disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall AUSWEB be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if AUSWEB has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in AUSWEB services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived.

AUSWEB's liability to the customer hereunder, if any, shall in no event exceed the total amount customer paid to AUSWEB hereunder. AUSWEB will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by AUSWEB and its employees by its own negligence or customer-originated errors or omissions. AUSWEB reserves the right to revise its policies at any time.

13. Account Suspension

Customers found to be in breach of The AUP may have their account immediately suspended depending on the severity of the breach. In cases where immediate suspension occurs, this action will be followed by a formal warning, after which the customer has 48 hours to respond. If AUSWEB is satisfied with the reply provided by the customer, AUSWEB will then reinstate the services, provided that all activities relating to the breach immediately cease.

Where it is deemed reasonable by AUSWEB to provide an initial warning of a breach of the AUP, customers will be given 48 hours to respond and cease any breach, after which the customer will face immediate suspension.

If despite the warnings, or where a service has been suspended and then reinstated, the activities in breach of The AUP are not immediately ceased, the customer's services with AUSWEB will be immediately terminated. The terminated customer agrees to forfeit any funds paid to AUSWEB for the duration of their service period.

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