Terms of Use
Upon signing up for hosting with Austral, all customers agree to comply with Austral's Terms of Use. The spirit of this policy is to ensure our customers are using Austral, facilities with due regard to the rights of other Internet users and in conformity with the requirements of Austral's network environment.
Illegal Use
Austral's servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult Content
Adult-oriented sites are not allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group, sites of such nature will be removed immediately and you will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources over their allotted limits) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan.
CGI Scripts
CGI script sharing with domains not hosted by Austral is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Chat Rooms
Austral does not allow customers to install their own chat rooms not supplied as part of the package they lease from Austral. Some Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
Background Running Programs and Cron Jobs
Austral will allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Austral so that we can arrange set-up.
IRC
Austral does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through an Aushost server or using an email address that is maintained on an Austral machine is STRICTLY prohibited. Austral will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Austral server. Violators will be assessed a minimum fine of $500.00 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a Austral server or customer are strictly prohibited.
Databases
Any database stored on Austral servers shall be limited in size to 50% of the total disk space allotted for that particular domain's plan/web hosting account.
Actions Taken by Austral
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Austral will be the sole arbiter as to what constitutes a violation of the Terms of Use. Austral reserves the right to remove any account without prior notice.
When Austral becomes aware of an alleged violation of its Terms of Use, Austral will initiate an investigation. During the investigation, Austral may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Austral may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, Austral will notify the appropriate law enforcement authorities of such violation.
Austral does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.
Austral's customers agree to indemnify and hold harmless Austral from any claims resulting from the use of our services that damages them or any other party. The Austral service is provided on an as is, as available basis. Austral expressly disclaims any representation or warranty that the Austral service will be error-free, secure or uninterrupted. In cases of outage the client's sole remedy will be a pro-rated credit based on the period difference of downtime and Austral's promised up time. No oral advice or written information given by Austral, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Austral and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
Austral reserves the right to add, delete, or modify any provision of its Terms of Use at any time with written notice 30 days in advance by e-mail.