Acceptable Useage Policy

1 Definitions

1.1 “Customer” means the person or entity who ordered our services.

1.2 “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to Website Hosting, Hosted Exchange, SSL Certificates, Virtual Private Servers, SMS, Domain Name Registration or Transfer, Broadband and Datacentre services.

2 Acceptance

2.1 The Customer acknowledges that it has read and agreed to be bound by the Acceptable Use Policy, as well as our Terms of Service, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement, and the Customer’s submission of their order to Phase 42 for Services is evidence of their agreement to be bound by the said policies and agreements.

2.2 The Customer acknowledges that they are solely responsible for ensuring that all Service(s) comply with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

3 Unacceptable Content and Material

3.1 The Customer may not publish, transmit, distribute or store any content or material on Phase 42’s servers or network that either Phase 42 believes, or pursuant to any relevant law:

3.1.1 Constitutes child pornography;
3.1.2 Is excessively violent or incites, threatens or implies violence;
3.1.3 Contains harassing content or hate speech;
3.1.4 Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state;
3.1.5 Is defamatory or violates a person’s privacy;
3.1.6 Creates a risk to a person’s safety, health or security;
3.1.7 Compromises national security or interferes with an investigation by any law enforcement agency;
3.1.8 Improperly exposes trade secrets or any other confidential or proprietary information of another person or business;
3.1.9 Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents;
3.1.10 Clearly infringes on another person or businesses trade mark, patent or property;
3.1.11 Promotes illegal drugs or violates import or export laws;
3.1.12 Relates to illegal gambling or fire arms trafficking;
3.1.13 Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to Phase 42;
3.1.14 Is otherwise malicious, fraudulent, or may result in retaliation against Phase 42 by offended viewers.

4 Prohibited Use

4.1 Shared web hosting accounts may not be used as a backup or storage device.

4.2 No Service may be used for any activity that is considered illegal or unacceptable, examples include:

4.2.1 IRC scripts or bots;
4.2.2 Proxy scripts or anonymous browsing utilities;
4.2.3 Image or file hosting scripts (similar to Photobucket, Rapidshare, etc);
4.2.4 IP scanners;
4.2.5 Pirated software or “warez” sites;
4.2.6 Banner advertisement services;
4.2.7 Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes);
4.2.8 Hacker focussed sites, archives or programs;
4.2.9 Sites promoting illegal activities;
4.2.10 Any game servers (such as Counter Strike, Half Life, etc);
4.2.11 Any other purpose that Phase 42 Management has deemed as unacceptable.

4.3 SPAM and Unsolicited Commercial Email (UCE)

4.3.1 Phase 42 takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Phase 42 may not use or permit others to use our network to transact in UCE. Customers of Phase 42 may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

4.3.2 Upon notification of an alleged violation of our SPAM policy, Phase 42 will initiate an immediate investigation (within 48 hours of notification). During the investigation, Phase 42 may restrict customer access to the network to prevent further violations.

4.3.3 If a customer is found to be in violation of our SPAM policy, Phase 42 may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Phase 42 reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

4.3.4 Phase 42 will notify law enforcement officials if the violation is believed to be a criminal offence.

4.3.5 First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination.

4.3.6 A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $220 per hour that Phase 42 personnel must spend to investigate the matter.

4.3.7 PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over Phase 42 network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

4.3.8 Massive relays, mail bombing, marketing lists and other massive mailing list operations are strictly prohibited through Phase 42 Servers and the ExchangeDefender outbound relays.

4.4 System and Network Security

4.4.1 Users are prohibited from violating or attempting to violate the security of Phase 42’s Network. Violations of system or network security may result in civil or criminal liability. Phase 42 will investigate occurrences, which may constitute such violations and may involve, and cooperate with, law enforcement authorities in relation to prosecuting Users who are involved in such violations. These violations include, without limitation:

4.4.1.1 Accessing data not intended for such User or logging into a server or account, which such User is not authorised to access.

4.4.1.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.

4.4.1.3 Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

4.4.1.4 Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

4.4.1.5 Taking any action in order to obtain services to which such User is not entitled.

5 Security

5.1 The Customer agrees to make all reasonable efforts to keep their Services secure.

5.2 The Customer agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher.

5.3 The Customer warrants that their account usernames and passwords will be kept in a safe and secure location at all times, and that they will not use dictionary words or consecutive strings as a password. The Customer indemnifies Phase 42 for any liability, damage, suits, actions or loss, including legal costs on a solicitor client basis incurred or suffered by Phase 42 due to the Customer’s breach of this clause.  The Customer agrees and acknowledges that Phase 42 shall not be liable for any liability, damage, suits, actions or loss, including legal costs on a solicitor client basis incurred or suffered by the Customer due to the Customer’s breach of this clause.

5.4 The Customer agrees to keep all file permissions set correctly. If you are unsure of what permissions should be set, please login to The Client Area and use the Permission Fixer for your account.

6 Excessive Resource Usage

6.1 For all shared web hosting accounts, the Customer may not:

6.1.1 Use more than 20% of system resources for longer than 120 seconds. There are a number of activities that could cause such load which include CGI and PHP scripts, FTP, HTTP, etc;

6.1.2 Run any server-side or stand-alone processes or daemons;
6.1.3 Run any bit torrent applications, trackers or clients;
6.1.4 Run any web spiders of indexers;
6.1.5 Run cron entries with intervals less than 15 minutes;
6.1.6 Use PHP includes that call the full URL instead of a local file (eg. include(http://domainname.com/file.php) instead of using include(“file.php”));

6.2 For all shared web hosting accounts, the Customer must request permission from Phase 42 and supply a valid reason before using any of the following commands in scripts or SSH:

6.2.1 wget;
6.2.2 rsync;
6.2.3 tracert, traceroute or traceroute6;
6.2.4 ping or ping6;
6.2.5 mtr;
6.2.6 lynx;
6.2.7 ftp;

6.3 Phase 42 reserves the right to suspend any VPS (virtual private server) consuming excessive disk I/O or swap usage. Excessive is defined as placing undue load on the core node that degrades other VPS users on the server.

6.4 Phase 42 reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge excessive usage fees for excessive usage.

6.5 Phase 42 reserves the right to exclude any shared hosting Service from our daily, weekly and monthly backup rotation if the account size exceeds 5GB (5000MB) in size. If an account is excluded from the backup schedule, Phase 42 will notify the Customer via email.

7 Spam and Bulk Email

7.1 The Customer warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam)

7.2 The Customer may not use any purchased email list for individual or bulk email sending.

7.3 Phase 42 assigns a limit of 400 outbound emails per domain per for shared hosting services. Any Customer who attempts to send more than the allowed amount will receive an undeliverable message for up to one (1) hour after the limit has been reached. All email over the limit will be discarded.

7.4 The Customer agrees that all mailing list applications including but not limited to Mailman will have no more than 4,000 individual email addresses per list per domain.

7.5 The Customer warrants that all mailing lists used are “opt-in” by the recipient, and all recipients in the list have consented to being on the list.

7.6 The Customer warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003 (http://www.acma.gov.au/WEB/STANDARD/pc=PC_310322) and the United States CAN-SPAM Act 2003 (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm). Place relevant indemnity here as required.

7.7 The Customer indemnifies Phase 42 for any liability, damage, suits, actions or loss, including legal costs on a solicitor client basis incurred or suffered by Phase 42 due to the Customer’s breach of this clause.  The Customer agrees and acknowledges that Phase 42 shall not be liable for any liability, damage, suits, actions or loss, including legal costs on a solicitor client basis incurred or suffered by the Customer due to the Customer’s breach of this clause.

8 Non-compliance and Remedy

8.1 Any Service(s) that are found to be in breach this policy but have not caused any known inconvenience to other Customers will result in an email being sent to the Customer asking for changes to be made in order to comply with this policy and two (2) days to make the changes. Failure to comply will result in the Service(s) being suspended without additional warning.

8.2 Any Service(s) that are found to be in breach this policy and have caused issues for other Customers will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach.

8.3 Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach, and a $50.00 re-activation fee has been paid in full.

8.4 Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach will result in immediate suspension followed by an email advising that the service will not be unsuspended and the Customer will be advised to move the Service(s) to another provider. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.

8.5 The Customer will be solely liable for any fees or charges that are paid by Phase 42 to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.

9 Changes

9.1 Phase 42 may amend the Acceptable Use Policy at any time. Should any change occur, we will advise the Customer by email and note the specific changes which have occurred, and provide fourteen (14) days notice before any changes are enforced.

9.2 In exceptional circumstances, Phase 42 Management may be required to amend the Acceptable Use Policy and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.