This Acceptable
Use Policy (this "Policy") governs the usage of Hosting Shop Pty Ltd
(“Hosting Shop”) Data and hosting products and services (the
"Services"). This Policy is incorporated by reference into each
agreement Hosting Shop enters into with a client (the "Client") for
the use of such Services. Hosting Shop may modify this Policy at any time
without notice by posting it in Hosting Shop website (www.hostingshop.com.au).
The purpose of
this Policy is to enhance the quality of the Services and to protect Hosting
Shop’ Clients, and the Internet community as a whole, from illegal,
irresponsible, or disruptive Internet activities. This Policy applies to each
Client and its employees, agents, contractors or other users of such Client who
obtain Services from Hosting Shop (each such person being a "User").
Each User should use common sense and good judgment in connection with the
Services.
(a)
Utilise
the Services to send unsolicited e-mail to third parties.
(b)
Utilise
the Services in connection with any illegal activity. Without limiting the
general application of this rule, Users may not:
(i)
Utilise
the Services to copy material from third parties (including text, graphics,
music, videos or other copyrightable material) without proper authorization;
(ii)
Utilise
the Services to misappropriate or infringe the patents, copyrights, trademarks
or other intellectual property rights of any third party;
(iii)
Utilise
the Services to traffic in illegal drugs, illegal gambling, obscene materials
or other any products or services that are prohibited under applicable law;
(iv)
Utilise
the Services to export encryption software to points outside the
(v)
Utilise
the Services in any manner that violates applicable law.
(c)
Utilise
the Services in connection with any tortious or actionable activity. Without
limiting the general application of this rule, Users may not:
(i)
Utilise
the Services to publish or disseminate information that (A) constitutes
slander, libel or defamation, (B) publicises the personal information or
likeness of a person without that person's consent or (C) otherwise violates
the privacy rights of any person.
(ii)
Utilise
the Services to threaten persons with bodily harm, to make harassing or abusive
statements or messages, or to solicit the performance of acts or services that
are illegal under applicable law.
(d)
Utilise
the Services in connection with any other disruptive or abusive activity.
Without limiting the general application of this rule, Users may not:
(i)
Utilise
the Services to cause denial of service attacks against Hosting Shop or other
network hosts or Internet users or to otherwise degrade or impair the operation
of Hosting Shop and facilities or the Hosting Shop and facilities of other
network hosts or Internet users;
(ii)
Utilise
the Services to subvert, or assist others in subverting, the security or
integrity of any Hosting Shop systems, facilities or equipment;
(iii)
Utilise
the Services to gain unauthorized access to the computer networks of Hosting
Shop or any other person;
(iv)
Utilise
the Services to provide passwords or access codes to persons not authorized to
receive such materials by the operator of the system requiring the password or
access code;
(v)
Utilise
the Services to (A) forge the signature or other identifying mark or code of
any other person, (B) impersonate or assume the identity or any other person,
or (C) engage in any other activity (including "spoofing") to attempt
to deceive or mislead other persons regarding the true identity of the User
(excluding the use of anonymous remailers or Internet
nicknames);
(vi)
Utilise
the Services to distribute or post any virus, worm, Trojan horse, or computer
code intended to disrupt services, destroy data, destroy or damage equipment,
or disrupt the operation of the Services;
(vii)
Utilise
the Services to conduct port scans or other invasive procedures against any
server (except any server for which the User is an authorized system
administrator);
(viii)
Utilise
the Services to distribute, advertise or promote software or services that have
the primary purpose of encouraging or facilitating unsolicited commercial
e-mail or spam;
(ix)
Utilise
the Services to solicit or collect, or distribute, advertise or promote, e-mail
address lists for the purpose of encouraging or facilitating unsolicited
commercial e-mail or spam;
(x)
Utilise
the Services in any manner that might subject Hosting Shop to unfavorable regulatory action, subject Hosting Shop to any
liability for any reason, or adversely affect Hosting Shop public image,
reputation or goodwill, including, without limitation, sending or distributing
sexually explicit, hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by Hosting Shop in its sole discretion;
or
(xi)
Utilise
the Services in any other manner to interrupt or interfere with the Internet
usage of other persons.
Hosting Shop
expressly disclaims any obligation to monitor its Clients and other Users with
respect to violations of this Policy. Hosting Shop has no liability or
responsibility for the actions of any of its Clients or other Users or any
content any User may post on any Web site.
4.2 Reporting Non-Copyright Violations.
Hosting Shop
encourages Users to report violations of this policy by e-mail to: abuse@dedicatedservers.net.au including in any such report the name of the
offending domain (for example, xyz.com) and the type of abuse (for example,
spam, illegal acts, harassment, etc.) in the "subject" field of the
e-mail.
If Hosting Shop
learns of a violation of this Policy, Hosting Shop will respond to the
applicable Client and may, in Hosting Shop sole discretion, take any of the
following actions, in accordance with the severity and duration of the
violation (but is not obligation to do so):
(a)
Warning
the Client;
(b)
Suspending
the offending Client from the Services;
(c)
Terminating
the offending Client from the Services;
(d)
Imposing
fees or charges on the offending Client account in accordance with the
applicable service schedule or order for service;
(e)
Removing
the offending content;
(f)
Taking
other action in accordance with this Policy, the applicable service contract or
applicable law.
Hosting Shop
reserves the right to cooperate with appropriate legal authorities in
investigations of claims of illegal activity involving Hosting Shop Services,
Clients and other Users. Hosting Shop reserves all other rights to respond to
violations of this Policy to the extent of applicable law and in accordance
with any applicable contractual obligations. Hosting Shop may Utilise technical
means to monitor communications into, and out of, its network facilities to
prevent the introduction of viruses or other hostile code, to prevent intrusions
and otherwise to enforce this Policy and each Client agrees that Hosting Shop
is authorised to monitor its communications through Hosting Shop network for
such purposes.