Definitions In this acceptable usage policy, the following terms have the meanings set against them respectively, unless the context otherwise requires: ‘AAA Abbey Hosting’ and ‘we’ mean AAA Abbey Hosting Pty Limited (Australian Company Number 129 083 423) and ‘our’ and ‘us’ have the corresponding meaning; ‘AUP’ means our acceptable usage policy, as published on our website from time to time; ‘Hosting’ means hosting of your domain name, website or data on a server provided by or through AAA Abbey Hosting; ‘Material’ includes (without limitation) all forms of communication including data, files, narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings; ‘Network’ means the website and website services provided by or through AAA Abbey Hosting; ‘Privacy Policy’ means AAA Abbey Hosting’s privacy policy, as published on its website from time to time; ‘Service’ means a service provided by or through AAA Abbey Hosting including, without limitation, Hosting; ‘TOS’ means the terms of service under which AAA Abbey Hosting supplies the Services, as published on its website from time to time; ‘You’ means a customer who subscribes for Hosting or a person who uses any of our Services and, where applicable, their respective directors, officers, employees, servants, agents, contractors and assigns and ‘your’ has a corresponding meaning. Acceptable Usage Policy Our AUP is provided to give you a clear understanding of what we expect and require of you while using the Services. Use of any of the Services constitutes your acceptance and agreement to our AUP as well as the TOS. We support the uncensored flow of information and ideas over the Internet and do not actively monitor user activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other Material created or accessible over or through the Services, except for certain proprietary web sites. However, in accordance with our TOS, we may remove any Material that, in our sole discretion, we consider may be illegal, may subject us to liability, or which may violate our AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of our AUP may result in the suspension or immediate termination of either your account or other actions WITHOUT PRIOR NOTICE and without refund. The aims of our AUP are to: * Ensure reliable service to our customers * Ensure security and privacy of our systems and Network, as well as the networks and systems of others * Comply with existing laws * Maintain our reputation as a responsible service provider * Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services * Preserve the value of Internet resources as a conduit for free expression and exchange of information * Preserve the privacy and security of individual users We intend to provide our customers access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user can have a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of the Services. You may not use your dedicated rack or virtual site to publish Material which we determine, at our sole discretion, to be unlawful, indecent or objectionable. If your use of the Services violates our AUP or our TOS, we reserve the right to terminate your account without notice and without refund. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of our AUP will result in immediate termination of service without refund. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us. VIOLATIONS OF OUR AUP The following constitute violations of our AUP: 1. Illegal use: The Services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. 2. Harm to minors: Use of the Services to harm, or attempt to harm, minors in any way including, but not limited to, child pornography. 3. Threats: Use of the Services to transmit any Material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. 4. Harassment: Use of the Services to transmit any Material (by e-mail, uploading, posting or otherwise) that harasses another. 5. Fraudulent activity: Use of the Services 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’ 6. 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 information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. 7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account without refund. IMPORTANT NOTICE: BEGINNING IMMEDIATELY, if you host websites or services on your server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases you will have your server immediately removed from our Network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending Material immediately upon reconnection and agree to allow us access to your server to confirm that all Material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of your server from our Network without notice to you. Any server responsible for a second violation WILL be immediately and permanently removed from our Network without notice. 8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account without refund. 9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Services is in violation of our AUP. 10. Usenet SPAMing: We have a zero tolerance policy for the use of our Network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. 11. Unauthorized access: Use of the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another person’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 account is subject to immediate termination without refund. 12. Copyright or trademark infringement: Use of the Services to transmit any Material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary right of any third party, including, but not limited to, the unauthorized copying of copyright Material, the digitization and distribution of photographs from magazines, books, or other copyright sources, and the unauthorized transmission of copyright software. 13. Collection of personal data: Use of the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. 14. Network disruptions and unfriendly activity: Use of the Services for any activity which affects the ability of other people or systems to use the 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. If your account is the cause of a CPU overload, you will be suspended and charged a $25 fee to re-activate your account. It is your responsibility to ensure that your network is configured in a secure manner. You may not, through action or inaction, allow others to use your network for illegal or inappropriate actions. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use your 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 without refund. We will not tolerate any subscriber attempting to access the accounts of others, or to penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. 15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. 16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyright or the aforementioned infringements will not be tolerated. 17. Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems is prohibited. Such an offense will result in the immediate termination of the offending account without refund. 18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using the Services may result in suspension of service without refund. 19. Third Party Accountability: You will be held responsible and accountable for any activity by third parties, using your account, that violates guidelines created within our AUP. 20. Violation Of our Virtual Accounts: It is absolutely forbidden to host pornographic content or Internet Relay Chat (“IRC”) servers on Virtual Server Accounts. Virtual Server Accounts found hosting such Material will be subject to immediate cancellation without refund. 21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our Network without notice. The server will not be reconnected to our Network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination without refund. 22. Unlimited Accounts: Unlimited Accounts are indeed unlimited. These accounts are not to be used to host a collection of MP3's, Warez, image hosting or gaming sites. or to Backup Your Home Computer. Giving away free hosting is cause for immediate termination without refund. We do not support SSH/Shell in anyway. Free domains are not transferable and will be kept with us. These accounts may also not be used as a download distribution point for your bundled software. It is to be used for standard web practices and only standard web practices. If you have a question or concern please contact us. If you know your site is going to use an abnormal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this please contact us. Abnormal usage is anything that a shared server would not be able to provide. Again, contact us for approval if you feel your proposed use will be covered by this clause. 23. Resellers: Resellers are responsible for enforcing our AUP and TOS to all of their clients. If their clients are found to be violating them, we will suspend the offending site without refund and let the reseller know. If this continues to happen, reseller’s main account will be suspended without notice and charged a $25 administration fee to re-establish service. Resellers are responsible for anything their clients do. If you have any question or concern in regards to what is allowed and what is not allowed please contact us. 24. Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers. You must zip the content to prevent this if you wish to have it hosted and, as everything for else, this content must be legal content and cannot have someone else's copyright. 25. Egg Drop - Egg Drop Scripts are not allowed. These are grounds for immediate account deletion without a refund. 26. Legal - If it is not legal, it is not permitted to reside on our server. If found, the account will be suspended without refund. 27. Adult Material - Adult Material is not allowed, unless specified in your package deal. If your site contains adult Material that is not on an adult approved server/package, the site will be suspended without refund. 28. Chinese Forums - Chinese Forums are not allowed on our Network. These sites require to much CPU usage. They almost require a dedicated server to run properly. If they are found on any server we will suspend them without refund, and charge an administration fee if they are the cause of a CPU overload. Administration charges are usually about $25 per hour. 29. ANIME - Anime Sites are not allowed on our Network. If an Anime Site is found we will terminate the account without refund. These sites are not allowed on the server because about 95% of them are illegal. 30. Other examples of unacceptable Material include: IRC Bots, Shoutcast, Torrents, Torrent Trackers, Torrent Clients, Proxy Scripts / Anonymizers, Pirated Software / Warez, '.img' / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities. Security * You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. * Your password provides access to your account. It is your responsibility to keep your password secure. * Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. * Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service without refund. * You must adopt adequate security measures to prevent or minimize unauthorized use of your account. * You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. * You may not attempt to interfere with service to any user, host or network ('denial of service attacks'). This includes, but is not limited to, 'flooding' of networks, deliberate attempts to overload a service, and attempts to 'crash' a host. * Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Network Performance Our servers operate on shared network resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in suspension and/or termination of your account without notice and without refund. If your account is suspended and we decide to re-activate it, you will be charged a $25 fee before we do so. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. We reserve the right to decide, in our absolute discretion, if your use of resources is excessive and to terminate or limit such activities without refund. REPORTING VIOLATIONS OF OUR AUP We request that anyone who believes that there is a violation of our AUP direct the information to us by email immediately. If available, please provide the following information: * The IP address used to commit the alleged violation * The date and time of the alleged violation, including the time zone or offset from GMT * Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints: * Issue written or verbal warnings * Suspend your newsgroup posting privileges without refund * Suspend your account without refund * Terminate your account without refund * Bill you for administrative costs and/or reactivation charges * Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations REVISIONS TO OUR AUP We reserve the right to revise, amend, or modify our AUP, our TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on our website.