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Terms of service

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Ozeweb
.net.au
Value Hosting

Aussie Sites provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. We believe these are fair and any normal site should have no problems following them. The following guidelines were established to ensure these obligations are met. We haven't randomly thought of these rules, they are rules that have been put in place from experience as server administrators which we know make our servers perform better. If you have a question about them please e-mail abuse@ozeweb.net.

Content:

All services provided by Aussie Sites may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Aussie Sites and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Aussie Sites will be the sole arbiter as to what constitutes a violation of this provision.

All Accounts Must Obey The Following:

The Following Scripts Are Banned:
- CGI/Perl Based Forums
- YaBB CGI Version
- Topsites scripts
- Ikonboard (CGI)
- UltimateBB (CGI)
- Scripts VERY likely to eat up all of our CPU

The main reasons these scripts are banned is, for instance, we've had clients before running one YaBB forum and three runs of the script uses up 75% of the CPU (each instance uses 25%) and that means only 25% for every other site on the server to use, which is unacceptable. If you are using a script to such an extent that you are causing negative impact to everyone else on the server we can briefly suspend your account while we work with the site owner to sort out the problems (script changes etc) and we have the right to leave said account suspended in the event (after all forms of contact have been attempted) we cannot contact the owner of the account until the owner responds. We will always work with the site owner to locate the problem scripts and help to stop the problems happening again.

Accounts with Un-Metered Options Must Obey The Following:

Sites offering many download files:
This is any site where 20% or more of their monthly traffic is from file downloads.
- Sites using more than 20% of system resources for media.
- Sites hosting audio/video files of any kind unless authorized by Aussie Sites .
- Sites hosting files over 5 megabytes in size each.
** Mini, Value and Hostee Accounts DO NOT have to follow the above **

Aussie Sites will be the sole arbiter as to what constitutes a violation of this provision.

Backups:

The user agrees that they will keep backups of their sites on their computers, Aussie Sites accepts no responsibility for loss of data, however Aussie Sites does make weekly backups of sites. This is an extra service and the end user is responsible for making sure they have up to date site files saved offline. If we have to locate files from our backups that users have accidentally deleted we will charge $5.00 per retrieval.

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a Site or using an email address or domain that is maintained on a Aussie Sites machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. Aussie Sites will be the sole arbiter as to what constitutes a violation of this provision. All mailing lists should be double opt-in. This means when users on a cliemts site give said client their e-mail address they user should also have to verify it through e-mail afterwards before anymore mail is sent. This prevents us being listed in spam databases.

Chat Rooms:

We usually do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. CGI Chat rooms are absolutely prohibited in all situations. Should you require a chat room, it must be in the JAVA language, and it must be approved by Aussie Sites . Java clients to connect to irc rooms are fine (eg. JIRC) however, php or cgi chat clients are banned. Habbo style chatting scripts are also banned due to the intensity of them and the server resources they use.

Background Running Programs:

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. These processes can include cron jobs and will be setup as we receive a helpdesk ticket to do so. No cron jobs will be setup that could affect any other site of the server.

IRC:

We currently do not allow IRC or IRC bots to be operated on our servers. These include Eggdrop bots and TCL scripts.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of Aussie Sites is strictly prohibited. These attempts can include DOS attacks or hacking.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion. We don't often do this, only in the event of an out of control script, failure to pay or Aussie Sites not being able to contact the site owner.

Domain Names:

- You agree to the UDRP (http://www.icann.org/udrp/) if you register your domain through us.
- If you wish to change your main accounts domain and you have registered the domain elsewhere domain charges are $10 however, if you wish to buy a second domain through us it will be an additional $25 per year.

Illegal use:

Aussie Sites services may not be used for illegal purposes, or in support of illegal activities. Aussie Sites reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors:

Use of the Aussie Sites service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography or child abuse.

Threats:

Use of the Aussie Sites service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment:

Use of the Aussie Sites service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity:

Use of Aussie Sites service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation:

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unauthorized access:

Use of the Aussie Sites service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Aussie Sites or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Aussie Sites account is subject to immediate termination.

Copyright or trademark infringement:

Use of the Aussie Sites service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data:

Use of the Aussie Sites service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity:

Use of the Aussie Sites service for any activity which affects the ability of other people or systems to use Aussie Sites Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Aussie Sites will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud:

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:

Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

LIMITATION OF LIABILITY:

Aussie Sites shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Aussie Sites servers going off-line or being unavailable for any reason whatsoever. Furthermore, Aussie Sites shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Aussie Sites servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to abuse@ozeweb.net

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation..

DISCLAIMER:

Aussie Sites cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Aussie Sites are resold. Thus, certain equipment, routing, software, and programming used by Aussie Sites may not be directly owned or written by Aussie Sites . Moreover, Aussie Sites holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Aussie Sites sees fit.

ACCOUNT ACTIVATION:

By activating your account with Aussie Sites , you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information. If after the 30 day money back guarantee and you decide to cancel you will not be entitled to a refund of the remaining monies on your account. Please close your account when your payment date is almost complete.

NOTICE:

If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

Furthermore, Aussie Sites retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

The agreement constitutes the entire agreement between the parties hereto. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Florida.

Aussie Sites WebHosting