ACCEPTABLE
USE POLICY
Use
and Misuse of the Services
All
complaints of abuse, violation and misuse of the
Services, whether described in this section or
otherwise, shall be investigated promptly. If you are
not sure if your actions will be an abuse, violation or
misuse, then please contact us.
You are responsible for all use of your website, with or
without your knowledge or consent.
You
agree to use the Services only for lawful purposes, in
compliance with all applicable laws. Illegality
includes, but is not limited to: Drug dealing;
Attempting without authorization to access a computer
system; Pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEGs,
ROMs, and ROM emulators); Gambling; Schemes to defraud;
Trafficking in obscene material; Sending a message or
having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person; Threatening bodily
harm or damage to individuals or groups; Violating export restrictions; stalking; or violating other state
or federal law.
When
Value
Hosting
Australia
becomes aware of possible violations of this Agreement, Value
Hosting
Australia
may initiate an investigation that may include gathering
information from you and the complaining party, if any,
and examination of material on Value
Hosting
Australia's
servers. Value
Hosting
Australia ,
in its sole discretion, will determine what action will
be taken in response to a violation on a case-by-case
basis. Violations of this Agreement could subject you to
criminal or civil liability.
BY
ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Value
Hosting
Australia
HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY
Value
Hosting
Australia
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF
THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS
THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER
FROM Value
Hosting
Australia
AS A RESULT OF Value
Hosting
Australia's
DECISION TO: REMOVE MATERIAL FROM ITS SERVERS, WARN YOU,
SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER
ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION
OR AS A RESULT OF Value
Hosting
Australia
CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER
APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use
and Misuse of Materials
Materials
in the public domain (e.g., images, text, and programs)
may be downloaded or uploaded using the Services. You
may also re-distribute materials in the public domain.
You assume all risks regarding the determination of
whether the material is in the public domain.
You
are prohibited from storing, distributing or
transmitting any unlawful material through the Services.
Examples of unlawful material include, but are not
limited to, threats of physical harm, child pornography,
and copyrighted, trademarked and other proprietary
material used without proper authorization. Pornography
and sex-related merchandising, or links to such
material, even if legal, are not acceptable uses of Value
Hosting
Australia's
servers. You may not post, upload or otherwise
distribute copyrighted material on Value
Hosting
Australia's
servers without the consent of the copyright holder.
Unacceptable
uses of website content also include the presence of the
following programs or the activities associated with
them, regardless of whether or not any actual intrusion
results in the corruption or loss of data: Server
broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network;
Attempts to circumvent any user authentication or
security of host, network, or account; Accessing data
not intended for user; probing the security of any
network; Spawning dozens of processes; Port scans, ping
floods, packet spoofing, and forging router information;
Denial of service attacks, sniffers, flooding, spoofing,
ping bombing, smurfs, winnuke, land and teardrop;
Promulgation of viruses; and IRC bots, such as eggdrop
or BitchX.
Value
Hosting Australia
supports free speech on the Internet and will not
suspend or cancel your account simply because it
disagrees with your views expressed at your website.
However, examples of unacceptable activities include
posting private information about a person without his
or her consent, defaming a person or business, and
knowingly making available code that will have a
deleterious effect on third-party computers. Where there
are allegations that your on-line activity has violated
the legal rights of a third party, Value
Hosting
Australia
will not substitute itself for a court of law in
deciding tort claims raised by the third party.
Email
Use
Unacceptable
affronts to netiquette and unacceptable activities
include, but are not limited to, the following: Spamming
(sending unsolicited advertising to those with which you
have no existing business relationship and posting
off-topic advertising in newsgroups); Spoofing (using a
return email address that is not the valid reply address
of the sender or sending an email message that does not
contain enough information to enable the recipient to
identify you); Passive spamming (promoting a website
hosted by Value
Hosting
Australia
by spamming from some other source); trolling (posting
controversial messages in newsgroups to generate
responses); Mailbombing (inundating a user with email
without any serious intent to correspond or sending
large or multiple files to a user); Generating a higher
volume of outgoing mail than a normal user (over 10% of
available system resources); Propagating chain letters;
and subscribing someone else to an electronic mailing
list without that person's permission. A message is
considered unsolicited if it is posted in violation of a
newsgroup charter or sent to a recipient who has not
requested the message. Making an email address available
to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have
personally subscribed. Mailing lists may not be used to
distribute unsolicited email. If you are repeatedly
mailbombed or attract such behavior, the Services will
be terminated.
You
should not send email to any user who does not wish to
receive it, either at Value
Hosting
Australia
or elsewhere. Value
Hosting
Australia
recognizes that email is an informal medium; however,
you must refrain from sending further email to a user
after receiving a request to stop.
You
may not alter the headers of email messages to disguise
their identity or to prevent users from responding to
the messages. Value
Hosting
Australia
may disclose the usernames of accounts responsible for
forged email messages to system administrators or users
requesting the information.
Violations
of the Value
Hosting
Australia
policies outlined herein can sometimes result in massive
numbers of email responses. If you receive so much email
that Value
Hosting
Australia
resources are affected, Value
Hosting
Australia's
staff may shut down your mailbox.
The
script called Matt's Formmail is banned on our
servers due to spammer abuse. If this script is found on
your website, it WILL be removed immediately. We provide
an alternative, more secure script on our website for
your use.
System
Security
You
are prohibited from utilizing the Services to compromise
the security of system resources or accounts on servers
at Value
Hosting
Australia
or at any other site. Use or distribution of tools
designed for compromising security or containing viruses
or trojans is prohibited. Examples of these tools
include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
If
you are involved in violations of system security, Value
Hosting
Australia
reserves the right to release all usernames of users
involved in such violations to system administrators at
other sites in order to assist them in resolving
security incidents. Value
Hosting
Australia
will also fully co-operate with law enforcement
authorities in investigating suspected lawbreakers.
System
Resources
System
abuse includes any use of Value
Hosting
Australia's
resources that disrupts the normal use of its servers or
services for others. Examples of system abuse include
running excessive numbers of processes or consuming
excessive amounts of CPU time, memory or disk space.
Any
usage of 10% or more of Value
Hosting
Australia's
system resources is an undue burden on Value
Hosting
Australia's
system and is unacceptable. If your usage ever exceeds
10% of system resources, your account may be terminated
immediately without prior notice and without providing evidence.
Further,
running programs in the background on a Value
Hosting
Australia server without Value
Hosting
Australia's
prior written authorization, or running chat rooms,
Internet Relay Chat, IRC bots, mailing lists that send
more then 1,000 emails within a 12 hour period and the like are not
acceptable uses of Value
Hosting
Australia's
servers.
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