AussieHost provides web hosting to numerous
clients which means that we have a responsibility to protect
each client and to provide the best services available. The
following guidelines were established to ensure these crucial
obligations are met.
These Policies, Guidelines, and Disclaimer
are intended for all domains residing on AussieHost servers,
including regular hosting clients, resellers, and their clients.
We ask that all clients reselling our hosting services in
any way, including those providing non-virtual hosting services,
implement these same Policies, Guidelines, and Disclaimers
into their own web sites to ensure that the same are understood
and met by their clients.
Resellers and their clients are bound
by these same Policies, Guidelines and Disclaimers. By reselling
and purchasing AussieHost services, you hereby agree that
AussieHost shall not be held liable for any promises or failure
of same that Reseller's extend to their clients, including
but not limited to, quality of service, financial obligations,
financial losses or any other claim NOT provided to Reseller
in writing by AussieHost. It is the legal duty and obligation
of the Reseller to provide these policies and guidelines to
Our packages are all designed to allow for
bandwidth maximums, each dependent upon the package that you
have chosen for your domain. None of our packages come with
unlimited bandwidth. We have the option within our Domain
Management System to allow any of the domains that exceed
these bandwidth parameters to be automatically suspended.
We no longer do that because our clients indicated to us that
they prefer to have their sites remain operative. Bandwidth
is reset at the end of each month therefore if you go over
your limit on the 15th of the month your site would be shutdown
until the first. Obviously this is just not good business.
Therefore when your site/s exceed bandwidth
parameters, we must monitor bandwidth usage and adjust your
billing histories accordingly. Right now, when we find a domain
has exceeded their bandwidth allotment, we charge $7.50 /
GB of overage to the client's account. This is being done
retroactively through June of this year, meaning you are now
being charged for June’s overage. In August you will
be charged for July’s overage and in September for August’s
overage and so on.
As of September 01, 2001 we will be initiating
bandwidth overage fees of $10.00/GB for manual adjustments.
If you pre-purchase extra bandwidth, you will be charged at
the following rates:
One (1) GB increments - $7.50 / GB
Ten (10) GB increments - $70.00 / 10 GB ($7.00 / GB)
Twenty-five (25) GB increments - $150.00 / 25 GB ($6.00 /
Once again, thank you for choosing to have your web site(s)
hosted with us and we look forward to providing you with only
the best in hosting services.
These include spamming (sending unsolicited
advertising to those with which the customer has no existing
business relationship, posting off-topic advertising in newsgroups);
spoofing (using a return email address which is not the valid
reply address of the sender or sending an email message which
does not contain enough information to enable the recipient
to identify the party who is really sending the message; passive
spamming (promoting a web site hosted by AussieHost by spamming
from some other source), trolling (posting controversial messages
in newsgroups to generate responses), mailbombing (inundating
a user with email without any serious intent to correspond),
generating a higher volume of outgoing mail than a normal
user (20% or more of available system resources), and subscribing
someone else to an electronic mailing list without that person's
permission. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or sent to a recipient
who has not requested the message. Making an email address
available to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also prohibited.
All recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distributed unsolicited email.
Any customer repeatedly "mailbombed" or that attracts
such behavior will be asked to leave. If you are not sure
if your actions will be in violation, please ask first email@example.com
. We also do not allow sites selling spamware.
Age. The client must be 18 years of age to
obtain our service.
Abuse of the legal rights of others:
Examples of unacceptable activities in this
regard include posting private information about a person
without their consent, infringing intellectual property rights,
defaming a person or business, and knowingly making available
code which will have a deleterious effect on third party computers.
AussieHost supports free speech on the Internet, and will
not suspend or cancel a customer’s account simply because
it disagrees with the views expressed by the customer. Where
there are allegations that a customer’s on-line activity
has violated the legal rights of a third party, AussieHost
will not substitute itself for a court of law in deciding
tort claims raised by the third party.
Abuse of the law:
AussieHost’s services may be used for
lawful purposes only. Illegality includes but is not limited
to: drug dealing; attempting without authorization to access
a computer system; pirating (distributing copyrighted material
in violation of copyright law, specifically MP3s, MPEG's,
ROMs, and ROM emulators); gambling; schemes to defraud; trafficking
in obscene material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent with intent
to annoy, abuse, threaten, or harass another person; threatening
bodily harm or damage to individuals or groups; violating
U.S. export restrictions; stalking; or violating other state
or federal law such as the Electronic Communications Privacy
Act, the Computer Fraud and Abuse Act, or the Economic Espionage
Act. Linking to illegal material is also prohibited. AussieHost
reserves the right to check system files, email, and other
data on our servers for illegal content and materials, or
for any other reasons deemed necessary.
Pornography and sex-related merchandising,
or links to such material, even if legal, is not an acceptable
use of AussieHost’s servers.
Abuse of AussieHost's Server Resources:
Running programs in the background on a AussieHost’s
server without AussieHost’s prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, and
the like are not acceptable uses of AussieHost’s servers.
Further, any usage of twenty percent (20%) or more of our
system resources is an undue burden on our system and is unacceptable.
If your usage ever exceeds twenty percent (20%) of system
resources, you will be contacted and asked to eliminate the
problem. In addition, any domain that exceeds ten gigabytes
of bandwidth traffic can be terminated without prior notice.
AussieHost reserves the right to report
illegal activities to any and all regulatory, administrative,
and/or governmental authorities for prosecution.
The following examples of unacceptable behavior
are non-exclusive, and are provided for guidance purposes.
If you are unsure if your actions will be a violation of our
policies please ask firstname.lastname@example.org
Server broadcast messages or any message sent
on an intrusive basis to any directly or indirectly attached
network Attempt to circumvent any user authentication or security
of host, network, or account. Accessing data not intended
for user. Probing the security of any network. Spawning dozens
of processes. Port scans, ping floods, packet spoofing, forging
router information, Denial of Service attacks, sniffers, flooding,
spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation
of viruses. IRC bots such as eggdrop or BitchX. Any activity,
whether or not the intrusion results in the corruption or
loss of data, will be investigated and proper action taken.
The presence of any of these programs, whether or not run,
will result in action against the user including suspension
The client is responsible for all activity
originating from the account unless proven to be a victim
of outside hacking or address forgery. The client is responsible
for securing their username/password. Use of AussieHost's
service requires a certain level of knowledge in the use of
Internet languages, protocols, and software. This level of
knowledge varies depending on the anticipated use and desired
content of the web space by the client. The following examples
are offered: Web Publishing: requires knowledge of HTML, properly
locating and linking documents, FTPing Web contents, Graphics,
text, sound, image mapping, etc. FrontPage web publishing:
knowledge of the FrontPage tools as well as Telnet and FTP
understanding and capability. CGI-Scripts: requires a knowledge
of the UNIX environment, TAR & GUNZIP commands, Perl,
CShell scripts, permissions, etc. Mail: a use of mail clients
to receive and send mail, etc. The client agrees that he or
she has the necessary knowledge to create and maintain their
web space. Client agrees that it is not the responsibility
of AussieHost to provide this knowledge or support outside
matter specific to AussieHost's servers.
Full backups are made weekly, and backups
of new/changed data made nightly. No guarantees are made of
any kind, either expressed or implies, as to the integrity
of these backups. Backups are made for server restoration
purposes only. It is the clients’ responsibility to
maintain local copies of their web content any information.
If loss of data occurs due to an error of AussieHost, AussieHost
will attempt to recover the date for no charge to the client.
If data loss occurs due to negligence of client in securing
their account or by an action of the client, AussieHost will
attempt to recover the data from the most recent archive for
a $50.00 fee.
AussieHost maintains control and any
ownership of any and all I.P. numbers and addresses that may
be assigned to the client and reserves in its sole discretion
the right to change or remove any and all IP numbers and addresses.
MONEY BACK GUARANTEE:
Regular Hosting Clients - Should you become
unsatisfied with our services within the first 30 days of
your account activation, AussieHost will refund your hosting
Individual Reseller's and Bulk Reseller's
- In the event that you become unsatisfied with our services
within 30 days of your reseller account activation, only your
initial account fees will be refunded. Once you have added
a resold account to your Reseller Plan you will no longer
qualify for the money back guarantee/refund. We can not be
HELD LIABLE for any fees that you charge your clients.
AussieHost does not refund fees which you
have paid to InterNIC.
LIMITATION OF LIABILITY:
AussieHost shall not be responsible for any
claimed damages, including incidental and consequential damages,
which may arise from AussieHost’s servers going off-line
or being unavailable for any reason whatsoever. Further, AussieHost
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 AussieHost’s
servers. All damages shall be limited to the immediate termination
AussieHost shall be the sole arbiter of what
is and is not a violation of these acceptable use policies.
AussieHost reserves the right to terminate an account at any
time and for any reason that causes harm to any AussieHost
customer's web sites. AussieHost reserves the right to delete
all content and files upon termination. AussieHost reserves
the right to withhold any pre-paid funds for any site removed
for violations of these policies. AussieHost reserves the
right to refuse, cancel, or suspend service at our sole discretion.
AussieHost reserves the right to change these
Policies without prior notice or warning. Non-enforcement
of any part of these Policies does not constitute consent.
Violations of these Policies should be referred
All complaints will be investigated promptly.