ACCEPTABLE USE POLICY
This Acceptable Use Policy (the "Policy") describes the proper kinds of conduct and prohibited uses of the
hosting and e-mail services (the "Services") provided by WebAccess. The Policy forms part of the Agreement.
This Policy is not exhaustive and WebAccess reserves the right to modify it at any time, effective upon posting of
the modified version at http://www.webaccess.com.au/legal/policies.html
or such other location designated by WebAccess. By using WebAccess Services, you agree to abide by the then current
version of this Policy.
Any violation of this policy may result in the suspension or termination of the services and such action as WebAccess
deems appropriate as further described in the hosting Agreement. Any repeated violation of this policy will result in
the termination of the hosting Agreement. Indirect or attempted violations of this policy, and actual or attempted
violations by a third party on your behalf, shall be considered violations of the Policy by you.
GENERAL
WebAccess Services enable you to host and serve your Web site and all related content, including, but not limited
to, programs, program scripts, e-mail, text, bulletin board postings, hypertext links, meta tags, domain names,
pictures, graphics, forums, interactive media, and audio/visual materials that you or a third party (collectively,
"Customer Content") posts on your Web site or other equipment, servers, software and network of WebAccess
(collectively, "WebAccess Systems"). Generally, WebAccess does not actively monitor, censor, or directly
control any information that is stored on or transmitted over WebAccess Systems. WebAccess cannot and does not
warrant, verify or guarantee the quality, accuracy, safety or integrity of your Customer Content or other materials
or information that you or a third party may post or access through the Services. You are solely responsible for all
of the Customer Content and your and your users' use of WebAccess Services and your Web site.
NO ILLEGAL OR HARMFUL USES
WebAccess Services and Systems may be used only for lawful purposes. Transmission, distribution or storage of any
material or any activity in violation of any applicable law or regulation, including but not limited to gambling,
is strictly prohibited. The following non-exhaustive list describes the kinds of illegal or harmful conduct that
are prohibited. WebAccess reserves the right to restrict or prohibit any and all uses or content that it determines
in its sole discretion is harmful to its systems, network, reputation, good will, other WebAccess Customers, or any
third party.
Excessive Use of Server Resources. The use of programs and scripts that cause excessive stress to servers
including, without limitation, chat scripts is prohibited on shared server accounts. This is due to the resultant
reduction in resources and deterioration of service for other the Customers on the same shared server. Such programs
and scripts may only be used with dedicated server accounts. Additionally, excessive use and/or violation of
bandwidth/storage maximums are prohibited on all web hosting accounts. Determination of excessive use is at WebAccess
sole discretion.
Infringement. Infringement of intellectual property rights or other proprietary rights including, without
limitation, material protected by copyright, trade mark, patent, trade secret or other intellectual property right
used without proper authorisation. Infringement may result from the unauthorised copying and posting of pictures,
photographs, logos, registered or unregistered trade marks, software, articles, musical works, and videos.
Illegal Materials. Disseminating or hosting material that is, without limitation, unlawful, obscene, harmful,
invasive of privacy or publicity rights, abusive, or otherwise objectionable, under the laws of any jurisdiction.
Harmful Content. Disseminating or hosting harmful content or software including, without limitation, viruses,
Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere
with, surreptitiously intercept or expropriate any system, program, data or personal information including the
Services.
Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, activities (ie. gambling)
or promotions (ie. make money fast schemes, chain letters, and pyramid schemes); fraudulent submission or use of
personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade
practice.
Privacy. Collecting, using and disclosing any personally identifiable user information in violation of any
applicable law and/or stated privacy policy.
MAINTENANCE OF SECURITY AND INTEGRITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. WebAccess
will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a
criminal violation is suspected. Examples of system or network security violations include, without limitation, the
following:
Hacking. Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or
test the vulnerability of a system or network or to breach security or authentication measures without express
authorisation of the owner of the system or network.
Interception. Unauthorised monitoring of data or traffic on any network or system of WebAccess or any third party.
Intentional Interference. Interference with service to any user, host or network including, but not limited
to, denial of service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to
overload a system and broadcast attacks.
Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header.
This prohibition does not include the use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic means to modify usage details for billing reasons
or to avoid any use limitations placed on the Services such as access and storage restrictions.
NO E-MAIL ABUSES
You may not distribute, publish, send or incite unsolicited mass e-mailings, promotions, advertising, or
solicitations (such as "spam"), including, without limitation, commercial advertising, informational announcements,
and mail bombing. You may not use WebAccess mail server or a third party mail server to relay mail without the
express permission of the account holder or the third party site. Posting the same or similar message to one or
more newsgroups (including, but not limited to, the use of chain letters, excessive cross-postings or
multiple-postings) is explicitly prohibited.
NO SERVICE BUREAUS
You may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Service to
any other person without the express prior written consent of WebAccess.
The Customer shall at all times adhere to all applicable laws, rules, and regulations and to WebAccess then current
Acceptable Use Policy (or such other location as WebAccess may specify). In particular the Customer may not utilise
the Services:
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(a)
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in connection with any tortious or actionable activity;
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(b)
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to publish or disseminate information that:
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(i)
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constitutes slander, libel or defamation;
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(ii)
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publicises the personal information or likeness of a person without that person's consent; or
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(iii)
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otherwise violates the privacy rights of any person; or
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(c)
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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;
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(d)
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in connection with any disruptive or abusive activity;
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(e)
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to cause denial of service attacks against WebAccess or other network hosts or Internet users or to
otherwise degrade or impair the operation of WebAccess servers and facilities or the servers and
facilities other network hosts or Internet users;
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(f)
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to post messages or software programs that consume excessive CPU time or storage space;
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(g)
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to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the
Customer's own account;
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(h)
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to subvert, or assist others in subverting, the security or integrity of any WebAccess system, facility or
equipment;
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(i)
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to gain unauthorised access to the computer networks of WebAccess or any other person;
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(j)
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to provide passwords or access codes to persons not authorised to receive such materials by the operator
of the system requiring the password or access code;
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(k)
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to:
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(i)
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forge the signature or other identifying mark or code of any other person;
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(ii)
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impersonate or assume the identity of any other person; or
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(iii)
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engage in any other activity (including 'spoofing') to attempt to deceive or mislead other persons
regarding the true identity of the Customer (excluding the use of anonymous remailers or Internet
nicknames);
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(l)
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to conduct port scans or other invasive procedures against any server (except any server for which the
Customer is an authorised system administrator);
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(m)
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to distribute, advertise or promote software or services that have the primary purpose of encouraging or
facilitating unsolicited commercial email or spam;
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(n)
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in any manner that might subject WebAccess to unfavourable regulatory action, subject WebAccess to any
liability for any reason, or adversely affect WebAccess public image, reputation or goodwill, including,
without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or
otherwise objectionable materials as determined by WebAccess in its sole discretion; or
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(o)
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in any other manner to interrupt or interfere with the Internet usage of other persons.
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ENFORCEMENT BY WEBACCESS
WebAccess reserves the right, but does not assume the obligation, to investigate any violation of this Policy or
misuse of WebAccess Systems. As described in the Hosting Agreement, WebAccess reserves the right and has absolute
discretion to (a) enforce this Policy and the terms of the Hosting Agreement and (b) remove or disable access,
screen or edit any Customer Content that violates these provisions or is otherwise objectionable. Without limitation,
WebAccess also reserves the right to report any activity (including the disclosure of appropriate Customer
information) that it suspects violates any law or regulation to appropriate law enforcement officials, regulators,
or other appropriate third parties. WebAccess also may without limitation cooperate with appropriate law enforcement
agencies to assist in the investigation and prosecution of any illegal conduct or infringement of any third party's
legal rights by providing network and systems information related to allegedly illegal, harmful, infringing or
objectionable content. WebAccess reserves all rights to identify the Customer by its IP address to third parties
within the scope of the Privacy Act 1988 (Cth).
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