One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Ausnix Web Hosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Ausnix Web Hosting cannot monitor or censor the Internet, and will not attempt to do so, Ausnix Web Hosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Ausnix Web Hosting does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Ausnix Web Hosting's network and may reach a large number of people, including both subscribers and nonsubscribers of Ausnix, subscribers' postings to the Internet may affect other subscribers and may harm Ausnix Web Hosting's goodwill, business reputation, and operations. For these reasons, subscribers violate Ausnix Web Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Ausnix, but also because it can overload Ausnix Web Hosting's network and disrupt service to Ausnix Web Hosting subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Ausnix Web Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Ausnix Web Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Ausnix Web Hosting's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using Ausnix Web Hosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Ausnix Web Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Ausnix Web Hosting's network.
Defamatory or Abusive Language
Using Ausnix Web Hosting's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that Ausnix Web Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
System and Network Resource Usage
Ausnix servers and networks are carefully maintained to provide optimum performance for serving web content on the Internet. Subscribers are expected to operate their accounts in such a manner that is not detrimental to system and network performance and stability. Ausnix monitors its servers and networks closely, and failure to comply with the following conditions could result in termination of the subscriber's service and fees assessed against the subscriber:
1. Excessive System Utilization. CGI or PHP scripts utilizing a significant percentage of a server's system resources will, at Ausnix' discretion, be terminated and/or prevented from running. It is the subscriber's responsibility to ensure their processes use a minimum of server resources.
2. Excessive Network Utilization. While subscribers are allocated a certain amount of data transfers per month, Ausnix generally prefers not to cap subscribers' bandwidth. However, subscribers using an excessive amount of bandwidth in a short period of time will, at Ausnix' discretion, be throttled or have their site and/or account otherwise rendered unusable until the subscriber is able to rectify their usage.
3. Overuse of Scheduled Processes. Scheduled processes (such as cron jobs) can significantly drain server and network resources. Ausnix reserves the right to stop any scheduled process from running or reduce the frequency of operation should it be found to be using more than a reasonable share of a server's resources.
4. Excessive Database Access. Database resources, such as MySQL and MSSQL, are closely monitored by Ausnix. Overuse of database resources, including but not limited to excessive or mismanaged connections, long queries and missing or inappropriate indexing, may result in the database queries being terminated and/or the correlating script being stopped.
5. Sending Bulk Email. Sending unsolicited bulk email or spam, is prohibited by Australian Federal law. Sending solicited or opt-in bulk email is limited to 500 emails per hour from any one account. To facilitate this requirement, subscribers can request that a cron job be set up to batch process large email lists.
Resolution of System and Network Resource Usage Problems
All problems found by Ausnix that are within the subscribers control and that breach any of the above conditions or other unforseen system or network abuse are the responsibility of the subscriber to fix. Ausnix will make every attempt to notify the subscriber about such issues and the underlying reasons. Ausnix may, from time to time, assist subscribers in researching and repairing the problem. This is done as a courtesy and does not imply that Ausnix will take responsibility for fixing the problem. Ausnix may, at its discretion, remove access to impacted services until the subscriber resolves the problem. Ausnix reserves the right to remove access to any service or feature that it feels is being abused, knowingly or unknowingly, by the subscriber.
Summary
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Ausnix Web Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Ausnix Web Hosting policy or applicable law. When Ausnix Web Hosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Ausnix Web Hosting also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Ausnix Web Hosting's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Ausnix Web Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Ausnix Web Hosting has the right to directly take action against a customer of a subscriber. Also, Ausnix Web Hosting may take action against the Ausnix Web Hosting subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Ausnix Web Hosting anticipates that subscribers who offer Internet services will cooperate with Ausnix Web Hosting in any corrective or preventive action that Ausnix Web Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Ausnix Web Hosting policy.
Ausnix Web Hosting also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Ausnix Web Hosting urges its subscribers to assume that all of their on-line communications are insecure. Ausnix Web Hosting cannot take any responsibility for the security of information transmitted over Ausnix Web Hosting's facilities.
Ausnix Web Hosting will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Ausnix Web Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Ausnix Web Hosting may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Ausnix Web Hosting assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Ausnix Web Hosting may disclose subscriber information or information transmitted over its network where necessary to protect Ausnix Web Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system.
Ausnix Web Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Ausnix Web Hosting policy. Finally, Ausnix Web Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify Ausnix Web Hosting for any violation of the service agreement, law, or Ausnix Web Hosting policy, that results in loss to Ausnix Web Hosting or the bringing of any claim against Ausnix Web Hosting by any third-party. This means that if Ausnix Web Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Ausnix, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Ausnix Web Hosting and its subscribers, as responsible members of the Internet.
As a provider of web site hosting, Ausnix Web Hosting offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Ausnix Web Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Ausnix Web Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Ausnix Web Hosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Ausnix Web Hosting's services. This AUP will be revised from time to time. A customer's use of Ausnix Web Hosting's services after changes to the AUP are posted on Ausnix Web Hosting's web site, www.ausnix.com.au, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes