This Acceptable Use Policy (this Policy) applies to all customers (you) who acquire products, deliverables and services (the Services) from Hostworks Pty Limited ACN 087 307 695 (Hostworks or us). This Policy forms part of any Customer Contract between you and Hostworks that governs your use of the Services (the Customer Contract). A breach of this Policy constitutes a breach of the Customer Contract and may result in Hostworks suspending or restricting any or all of the Services.
In addition to complying with your obligations set out in the Customer Contract, your use of the Services (including any use of the Services by any end user of the Services, including your customers and personnel) must comply with this Policy.
- You must not use the Services in a manner that breaches any applicable laws and regulations (including those relating to intellectual property and privacy). For the purposes of this Policy, “laws” include legislation, the common law and the law of equity, binding court orders and judgments, and industry codes, policies and standards.
- You must not use or attempt to use the Services to violate, compromise or test the integrity or security of any telecommunications systems, computer systems, networks, computer programs or databases, or the tangible media on which they are recorded (each a System). Examples of prohibited conduct include:
- attempting to gain access to the accounts, data or Systems of any other users of Hostworks’ Systems, products or services; and
- using the Services to monitor data or traffic, unless expressly permitted by us, or to intercept any communications.
- You must not use the Services in any fraudulent, dishonest or intrusive manner, or to promote any fraudulent or deceptive goods, services or schemes. Examples of prohibited conduct include:
- providing false user information to Hostworks or other users; and
- forging any TCP-IP packet header, any part of the header information or an email source address in an email or newsgroup posting.
- You must not use the Services in any way which may interfere with, hinder, or otherwise be detrimental to, other users’ access, use or enjoyment of Hostworks’ Systems, products or services, or to connect or communicate with users without their permission. Examples of prohibited conduct include monitoring or crawling of a System and Denial of Service attacks.
- You must not use the Services in excess of any applicable capacity or download limitations or restrictions, unless permitted by us.
- You must not use the Services in a manner that infringes the intellectual property rights or other rights of any person.
- You must not use the Services to send unsolicited electronic messages or otherwise breach privacy or spam regulations.
- You are responsible for any content you store or distribute via the Services. You must not use or attempt to use the Services to access, store or distribute defamatory or otherwise unlawful content (including child pornography), or any harmful, offensive or obscene content, or any content that may damage or interfere with Hostworks’ Systems or third party Systems (such as viruses, Trojan horses and other harmful code).
- You must fully cooperate and assist Hostworks to:
- comply with any direction from a government or regulatory authority, law enforcement agency or security agency;
- investigate any suspected breaches of this Policy or misuse of the Services; and
- delete, disable access to or otherwise address any content that contravenes this Policy.
- You must not aid, encourage or permit any other person to use the Services in a manner that contravenes this Policy and must immediately notify us, and provide full details of, any suspected breaches of this Policy.
- Any use that Hostworks reasonably considers to be excessive, non-ordinary, detrimental to Hostworks’ Systems or otherwise non-compliant may result in Hostworks limiting, restricting, suspending or terminating the Services, particularly if such use may affect Hostworks’ provision of products and services to its customers.
We reserve the right (but assume no obligation) to monitor your use of the Services and to report conduct to law enforcement authorities or other relevant bodies in appropriate circumstances.
Hostworks may make changes to this Policy from time to time. Before these changes come into effect, Hostworks will make a new copy of this Policy available on its website. You understand and agree that if you access or use the Services after the date on which the Policy has changed, Hostworks will treat this as acceptance of the updated Policy. This Policy was last updated on 16 May 2014.