AUSWEB Acceptable Usage Policy
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
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:
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.
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.
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:
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.
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:
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
Your notice must include the following:
10. Internet Abuse
You may not use any of AUSWEB’s services to engage in illegal, abusive, or irresponsible behavior, including:
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.
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.