Acceptable Usage Policy

1. Definition

The Net Solutions Acceptable Use Policy (“AUP“) applies to all services provided by Net Solutions. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended. If you continue to use the services after publication of any change, it will constitute your acceptance of the amended terms.

You are responsible for ensuring that you and any other users of your account are aware of this AUP and comply with this AUP at all times.

1.1 Breach of Law

You must not use our Services, attempt to use the Services or allow the services to be used for any acts which may or do in fact result in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation). The Client agrees that it will not distribute, electronically transmit or display any materials supplied by the Client – or through Client by a third party – to any hosted service which:

  1. Violate any state, federal or foreign laws or regulations
  2. Infringes on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Net Solutions or any third party
  3. Causes possible damage to property or injury to any person, including harassment, menacing or stalking, is defamatory, slanderous or trade libelous, threatening or harassing
  4. Contains file sharing music, software, bit torrents, video or pictures that contains copyright
  5. Contains proxy server software (any type) used to hide users IP or cache content
  6. Are discriminatory based on gender, race, age or promotes hate
  7. Contain any type of pornography or illegal drugs or substances
  8. Violate any Net Solutions policy posted on the Net Solutions site including, but not limited to, our AUP and Privacy Policy
  9. Contain viruses or other computer programming defects which result in damage to Net Solutions, it’s servers or any third party
  10. Engages in any misleading or deceptive business or marketing practice

1.2 Impeding our Services

You should not use our Services in such a way that impedes our supply of services to other customers including:

  1. making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
  2. undertake acts that waste resources or prevent other users from receiving the full benefit of our services;
  3. sending more than 500 outgoing emails per domain per hour unless otherwise stated
  4. manipulating or bypassing our content usage limits;
  5. undertake activities which cause or may cause third party service providers to place Net Solutions’s IP addresses on a blacklist and/or block those IP addresses;
  6. soliciting subscribers to become subscribers of other competitive services.

1.3 Crypto-Ransomware and Malware

You must not use our Services, attempt to use our Services or allow our Services to be used for hosting any form of Crypto-Ransomware, Malware, Trojans or Viruses. The main cause of hosting Crypto-Ransomware and Malware is due to your website being exploited or hacked. You are responsible for periodically maintaining the security of your website and responsible for your site knowingly or unknowingly hosting Crypto-Ransomware, Malware, Trojans or Viruses. You must make ensure your site is not being used for illegal activities including:

  1. In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data;
  2. To access or use systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
  3. To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you.

1.4 Bulk Email and SPAM

You must not use our services, attempt to use our services or allow our services to be used for sending of bulk mail or SPAM including:

  1. sending any email which breaches the Australian Governments The Spam Act 2003
  2. sending any email which breaches the Australian Governments CAN-SPAM Act of 2003
  3. send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
  4. providing a capability on a site which permits third parties to send spam;

If we detect that your account is sending spamming or bulk emails, we will suspend your account from our network and systems.

2. What We May Do to Ensure That This Policy is Being Followed

2.1 Monitoring

We may monitor your account to determine our AUP is being followed but will respect your privacy. If we believe that your use of the service may break the law or that you have not complied with this policy we may:

  1. warn you by email (but we are not obliged to do so)
  2. suspend your access to the Service
  3. terminate your account without notice; and/or
  4. notify and provide relevant information to the authorities, as appears appropriate in the circumstances

2.2 Service Termination

We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

  1. where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the customer data is illegal, offensive, objectionable or in breach of a third party’s rights
  2. if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended)
  3. if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended)

You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this AUP, and you indemnify us against any claim by your end user arising out of our actions.

3. Complaint Procedure

From time to time, we receive complaints from third parties regarding unacceptable uses, allegedly being conducted by customers or their users. We will make reasonable endeavours to resolve such complaints by working with customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to the customer.

If we are unable to resolve the complaint by working with customers, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise and direct us to provide to third party complainants your email contact details for the purposes of resolving such disputes.