ACCEPTABLE USE POLICY
Last Updated 03/12/2015
This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into HostGator’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. HostGator may modify this AUP at any time without notice.
The Services provided by Aus Net Servers Australia Pty Ltd may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Aus Net Servers Australia Pty Ltd reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the services.
1.1 Infringement of Intellectual Property Rights.
Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email firstname.lastname@example.org. For copyright infringement claims, Aus Net Servers Australia Pty Ltd follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be obtained by contacting us.
1.2 USING A SHARED ACCOUNT AS A BACKUP/STORAGE DEVICE.
You may not at any time use our shared hosting or reseller hosting services as a backup / storage device with the exception of any backups of your website.
2.1. Unacceptable material on our servers include without limitation:
- IRC Scripts/Bots
- IRCD (irc servers)
- Proxy Scripts/Anonymizers
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
- Bitcoin Miners
- PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
2.2 Child Pornography Prohibited.
Content that is potentially harmful to minors, as determined in Aus Net Servers Australia’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
2.3 Other Prohibited Content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
3. UNACCEPTABLE RESOURCE USAGE
The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.
4. ZERO TOLERANCE SPAM POLICY
4.1. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account and any affixed services to that account of any user who sends out spam with or without notice.
4.2. Websites advertised via spam (Spamvertised) may not be hosted on our servers and network. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
4.3. Aus Net Servers Australia Pty Ltd reserves the right to require changes or disable as necessary, any website, account, database, server or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
4.4. Aus Net Servers Australia Pty Ltd reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
4.5. For all international server orders including dedicated servers, vps servers and VDS servers all SMTP traffic outbound is blocked by default in an effort to prevent the black listing of our IP addresses by sending unsolicited emails.
5.1. Services hosted within the Aus Net Servers Australia network is in the Australia are regulated by Australian Federal law. Accordingly. Aus Net Servers Australia’s policy is not to remove allegedly defamatory material from websites hosted on our network unless the material has been found to be defamatory by a court, as evidenced by a court order. As a datacentre, Aus Net Servers Australia is not a publisher of user content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a Australian court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
If there is a violation of this AUP by one of a reseller’s client’s account, Aus Net Servers Australia Pty Ltd will suspend the website or service in question and will notify the reseller so that the reseller can terminate the account. Aus Net Servers Australia may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.
6.2. Direct Customers.
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
6.3. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
7.1 When using services provided by Aus Net Servers Australia Pty Ltd you must not:
- Use any offensive language against Aus Net Servers Australia staff
- Abuse Aus Net Servers Australia staff