This is the effectual.biz Managed Hosting Acceptable Use Policy. This document contains information about what type of behaviour is and is not allowed on the effectual.biz Network. If you have any questions, please contact us.

1. Background

   From time to time effectual.biz Managed Hosting may impose reasonable rules and regulations regarding the use of its services.  Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.effectual.biz/acceptableuse.html. The AUPs are not exhaustive and effectual.biz reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.effectual.biz/acceptableuse.html or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as effectual.biz deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

   Violation of any AUP is strictly prohibited and may result in the immediate termination or suspension of the services you receive from effectual.biz. You shall remain solely liable and responsible for your use of the services and any and all content that you display, upload, download or transmit through the use of the services. "content" includes, without limitation, your e-mail, web pages, personal home pages, and domain names. It is effectual.biz's policy to terminate repeat infringers. Effectual.biz reserves the right to refuse service to anyone at any time.

   1.1  Customer Security Responsibilities

   The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labour used to rectify any such damage is categorised as emergency security breach recovery and is currently charged at $500 Australian per hour. Enquiries regarding security matters may be directed to security@effectual.biz
   
   

2. System And Network Security

   Violations of system or network security are prohibited, and may result in criminal and civil liability. effectual.biz may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

   • Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network.
   • Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.
   • Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
   • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
     
     
     

   Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by effectual.biz. Such labour is categorised as emergency security breach recovery and is currently charged at $500 Australian per hour required. Enquiries regarding security matters may be directed to security@effectual.biz. effectual.biz is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, effectual.biz urges its customers to assume that all of their online communications are insecure. effectual.biz cannot take responsibility for the security of information transmitted over effectual.biz's facilities.

3. Password Protection

   The customer is responsible for protecting customer's password and for any authorised or unauthorised use made of customer's password. The customer will not use or permit anyone to use effectual.biz's service to guess passwords or to access other systems or networks without authorisation. effectual.biz will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

4. Internet Etiquette

   The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which effectual.biz may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against effectual.biz by offended users. effectual.biz reserves the right to refuse or terminate service at any time for violation of this section.  This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

5. Copyright Infringement - Software Piracy Policy

   The effectual.biz network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian or United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

   Making unauthorised copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to USD$250,000 and/or receive up to 5 years in jail.

   In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Mr Mano Stephan, effectual.biz Pty. Ltd., PO Box 332 Albert Park, Melbourne 3206, Australia or by email to security@effectual.biz

   effectual.biz will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

6. Network Responsibility

   Customers have a responsibility to use the effectual.biz network responsibly. This includes respecting the other customers of effectual.biz. effectual.biz reserves the right to suspend and or cancel service with any Customer who uses the effectual.biz network in such a way that adversely effects other effectual.biz customers. This includes but is not limited to:

   Attacking or attempting to gain unauthorised access to servers and services that belong to effectual.biz, its third party providers or its customers (i.e. computer hacking), and/or Participating in behaviour which result in reprisals that adversely effect the effectual.biz network or other customers' access to the effectual.biz network.

   effectual.biz will react strongly to any use or attempted use of an Internet account or computer without the owner's authorisation. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorised use of accounts or computers by a effectual.biz customer, whether or not the attacked account or computer belongs to effectual.biz, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of effectual.biz is strictly prohibited.

   Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.nipc.gov. effectual.biz will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

7. Lawful Purpose

   All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

   Using any effectual.biz service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

   Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of effectual.biz services or products is prohibited. Using the effectual.biz network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

   Servers hosted within effectual.biz network are open to the public. You are solely responsible for your usage of the effectual.biz network and servers and any statement you make on servers hosted within the effectual.biz network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

8. Child Pornography

   effectual.biz will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the effectual.biz network, and will be liable for illegal material posted by their clients.

   According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

9. Commercial Advertisements With Email

   effectual.biz takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of effectual.biz may not use or permit others to use our network to transact in UCE. Customers of effectual.biz 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.

   Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium.

   Customers of effectual.biz are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the effectual.biz network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

   Violation of effectual.biz's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, effectual.biz will initiate an immediate investigation (within 48 hours of notification). During the investigation, effectual.biz may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, effectual.biz may, at its sole discretion, restrict, suspend or terminate customer's account. Further, effectual.biz reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. effectual.biz will notify law enforcement officials if the violation is believed to be a criminal offense.

   Violation of effectual.biz's SPAM policy may be reported to abuse@effectual.biz

10. IP Address Overlap

    effectual.biz administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by effectual.biz staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

11. IRC

    effectual.biz allows the use of IRC inside the effectual.biz network as long as the use of IRC on a effectual.biz server does not violate any of the other terms of this AUP. As a policy, effectual.biz will not provide vanity IRC reverse DNS records. To enforce this policy effectual.biz does not turn the reverse address of IPs over to the customer.  Authority over this information remains with effectual.biz.

12. Billing

    The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

13. Suspension

    effectual.biz reserves the right to suspend network access to any customer if, in the judgment of the effectual.biz network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which effectual.biz chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Customer will be credited on a pro-rated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines were suspended.

14. Cancellation

    effectual.biz reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity.  All fees paid in advance of cancellation will be pro-rated and paid by effectual.biz if effectual.biz institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

15. Indemnification

    effectual.biz wishes to emphasise that in signing the terms & conditions or its equivalent, customer indemnifies effectual.biz for any violation of the terms & conditions or its equivalent, law or AUP that results in loss to effectual.biz or the bringing of any claim against effectual.biz by any third-party. This means that if effectual.biz is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against effectual.biz, plus costs and reasonable attorney's fees.

16. Disclaimer Of Responsibility

    effectual.biz is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. effectual.biz disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

    All Sub-Networks, resellers and managed servers of effectual.biz must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

    Indirect or attempted violations of the AUPs and actual or attempted violations by a third party on your behalf, shall be considered violations of these AUPs by you.

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