Virtual Hosting Policies
Updated November 2001
Terms & Conditions
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern
your subscription of Web hosting, e-Commerce and other Internet-related services provided by aussieland.net. As
used in this Agreement, "Aussieland Web Design" means aussieland.net, aussieland.net.au or any other
third party who provides services or equipment to Aussieland Web Design, and "Client", "Customer",
"you", or "your" means you. By clicking on the "I AGREE" button during registation
for services, you acknowledge that you have read the this Agreement, and you agree to its terms and conditions
and all policies posted on the Aussieland Web Design site. As referred to in this Agreement, "Site" refers
to a World Wide Web site and "Aussieland Web Design Site" refers to the Site located at the URL http://www.aussieland.net
, or any other successor Sites owned or maintained by Aussieland Web Design. This Agreement shall become effective
on the date you register for Services and shall remain in effect unless terminated pursuant to the provisions of
Section 4 hereunder.
1. APPROPRIATE USE OF THE SERVICES.
Aussieland Web Design provides the Services exclusively and makes no effort to edit, control, monitor or restrict
the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials
supplied by Client - or through Client by a third party - to any Aussieland Web Design server in connection with
Client's use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights)
of Aussieland Web Design;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate
- violate any Aussieland Web Design policy posted on the Aussieland Web Design Site including, but not limited
to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
- contain viruses or other computer programming defects which result in damage to Aussieland Web Design.
Bandwidth. Client may occupy only the amount of disk space on the Aussieland Web Design Server and utilize
no more than the network bandwidth that is allotted by Aussieland Web Design. Additional fees, specified in the
Virtual Hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of
your selected plan.
No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any
use of distribution lists to any person who has not given specific permission to be included in such a process.
Client also shall not engage in any unsolicited email practices at Aussieland Web Design, or otherwise, that mentions
or reference any domain hosted on Aussieland Web Design servers or parked on Aussieland Web Design DNS servers.
NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON
THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
Licensed Software Only. Client agrees to use only properly licensed third party software in connection
with Client's use of the Services.
Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Aussieland
Web Design; however, Aussieland Web Design does not guarantee the existence, accuracy, or regularity of its backup
services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
The client should manually back up their data using a Telnet client rather than the backup function available through
the Client’s Control Panel as it is not reliable . If the Client is unsure of the procedure to use, the backup
procedure will be explained to Client upon request.
Termination. Aussieland Web Design reserves the right to refuse service to anyone. Aussieland Web Design,
in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To
report any unacceptable behavior by a third party using the Services, please contact abuse@aussieland.net.
2. PAYMENT OBLIGATIONS
Client shall pay the service fees for the selected plan by the due date. Aussieland Web Design shall deliver
by e-mail an invoice to Client for any extra services or fees incured. Where such invoice is delivered to Client,
Client shall remit payment to Aussieland Web Design by no later than the specified payment due date. Aussieland
Web Design shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments
to Aussieland Web Design. Certain services carry a set-up fee charged by Aussieland Web Design to Client that must
be paid by Client in order to have use of the Services.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for
any outstanding fees owed to Aussieland Web Design and agrees to pay any and all fees incurred by Client.
If Client terminates this Agreement in accordance with Section 4 hereunder, and Client has prepaid for Services
in advance, Upon Client's request, a refund will be issued for any unused full month portions of the prepaid Services.
If the Client is paying yearly, the used portion of the year will be calculated at the standard monthly rate. There
will be no refunds for certain sevices, such as Personal
SSL Certificates, where Aussieland Web Design has paid third parties for such services.
Domain Names. If Client chooses to register a domain name(s) through Aussieland Web Design, Client acknowledges
and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain
name registrar. Aussieland Web Design does not offer refunds for domain name registrations for any reason, including
misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Aussieland Web Design be liable to any third party for Client's breach
or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify
and hold harmless Aussieland Web Design from any and all expenses, losses, liabilities, damages or third party
claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERMINATION & REINSTATEMENT
Either party will have the right to terminate this Agreement upon notice to the other party.
This notice must be given at least five (5) clear days before the due date of the next payment.
If Client is terminating this Agreement, Client must contact Aussieland Web Design to receive a cancellation
notification E-mail, which Client shall retain as proof that notice of termination was given. Any other attempt
by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination
or expiration of this Agreement.
5. TAXES
Client will pay and indemnify and hold Aussieland Web Design harmless from any and all taxes associated with
or arising from Client's use of the Services, including any penalties and interest and any costs associated with
the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE AUSSIELAND WEB DESIGN SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED
OR OFFERED ON THE AUSSIELAND WEB DESIGN SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT
ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. AUSSIELAND WEB DESIGN DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, AUSSIELAND WEB DESIGN SPECIFICALLY DISCLAIMS ANY WARRANTY THAT
(1)THE SERVICES PROVIDED TO CLIENT WILL BE UNINTERRUPTED OR ERROR-FREE;
(2) DEFECTS WILL BE CORRECTED;
(3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SERVER; AND
(4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL AUSSIELAND WEB DESIGN BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE
AUSSIELAND WEB DESIGN SITE OR ANY AUSSIELAND WEB DESIGN OR THIRD PARTY PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL,
INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS
OR SERVICES PROVIDED HEREUNDER.
8. MISCELLANEOUS
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered
to the party receiving such communication at the address specified below (1) on the delivery date if delivered
personally to the party, or a representative of the party; (2) On delivery from a commercial courier, with written
verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal
mail, return receipt requested.
If to Aussieland Web Design:
Aussieland Web Design
PO Box 8032
Burwood Heights Vic 3151
Australia
If to Client:
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute
or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and
such provision or portion thereof shall be deemed omitted. This Agreement (including the exhibits, attachments
and/or addenda, if any,) represents the entire agreement between the parties with respect of the subject matter
hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the
parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken
hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned
or delegated by Aussieland Web Design. Any waiver of any provision of this Agreement, or a delay by any party in
the enforcement of any right herein, shall neither be construed as a continuing waiver nor create an expectation
of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this
Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the laws of Australia and the Australian State of Victoria.
This Agreement and Aussieland Web Design’s policies are subject to change by Aussieland Web Design without notice.
Continued usage of the Services after a change to this Agreement by Aussieland Web Design or after a new policy
is implemented and posted on the Aussieland Web Design Site constitutes your acceptance of such change or policy.
We encourage you to regularly check the Aussieland Web Design Site for any changes or additions.
Privacy Policy
Because protecting your privacy is very important to Aussieland Web Design, we operate our website under the following
guidelines to safeguard your personally identifiable information:
Aussieland Web Design’s policies and procedures for handling customer information have been created with the understanding
that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet
the needs and opportunities of the changing technologies. As a result, Aussieland Web Design’s policies and procedures
are subject to change.
What Personal Information does Aussieland Web Design collect?
In the course of serving its customers, Aussieland Web Design acquires, stores and transmits customer communications
and information that customers may regard as private or sensitive. Some of this information - such as the customer's
name, address, and telephone number - is provided to Aussieland Web Design by its customers in order to establish
service. Other information - such as the customer's account status, choice of services, and customer logs - is
created and maintained by Aussieland Web Design in the normal course of providing service. Aussieland Web Design
may also use cookies, which are small pieces of information that a web site can store in a designated file on a
user's computer for various reasons. In addition, Aussieland Web Design may store customers' electronic mail and
other communications as a necessary incident to the transmission and delivery of those communications.
Domain Names.
It is important to note that customer domain name registration information is made publicly available in the registry
of domain names. This is beyond our control.
How is customer information used?
Aussieland Web Design may share customer information with selected third party service providers and partners,
for example, to provide customers with information about products which might be of interest to the customer or
to enable the customer to take advantage of special partner programs. Aussieland Web Design may also use customer
information to provide its customers with system information or information about new or upgraded products.
Modification of customer information.
Customers may modify their personal information by sending an e-mail to admin@aussieland.net.
Will Aussieland Web Design ever send me direct mailings?
From time to time, Aussieland Web Design may send its customers information about various products and services
that may be of interest. We will not send you information of this type without specifically allowing you to "opt
out" of such mailings. You can opt out by sending an e-mail to support@aussieland.net.
How do I protect my Personal Information in public forums?
Aussieland Web Design may offer interactive forums, such as message boards and chat rooms. Aussieland Web Design
users should be aware that when they voluntarily disclose Personal Information to other users or to third parties
on the Aussieland Web Design system, through e-mail, or outside of the Aussieland Web Design system, that information
can be collected and used by others and may result in unsolicited messages from other members or third parties.
While Aussieland Web Design strives to protect your Personal Information, Aussieland Web Design cannot guarantee
the security of any information that you transmit to Aussieland Web Design, and you are solely responsible for
maintaining the secrecy of any passwords or other account information.
What about privacy on sites that Aussieland Web Design links to?
Aussieland Web Design may provide links to its partners and other Internet sites. These sites have separate data
and privacy practices independent of Aussieland Web Design, and Aussieland Web Design disclaims any responsibility
or liability for their policies or actions.
Disclosure of customer information and communications
Aussieland Web Design will not otherwise disclose its customers' personal and account information unless Aussieland
Web Design has reason to believe that disclosing such information is necessary to identify, make contact with,
or bring legal action against someone who may be causing harm or interfering with the rights or property of Aussieland
Web Design, Aussieland Web Design’s customers, or others, or where Aussieland Web Design has a good faith belief
that the law requires such disclosure.
Aussieland Web Design also will not, except for reasons stated below, disclose to third parties the contents of
any electronic mail or other electronic communications that Aussieland Web Design stores or transmits for its customers.
The circumstances under which Aussieland Web Design will disclose such electronic customer communications are when:
1. it is necessary in order to provide service to the customer;
2. it is necessary to protect the legitimate interests of Aussieland Web Design and its customers;
3. it is required to cooperate with interception orders, warrants, or other legal process that Aussieland Web Design
determines in its sole discretion to be valid and enforceable; and
4. it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Aussieland
Web Design and appear to pertain to the commission of a crime.
Aussieland Web Design disclaims any intention to censor, edit or engage in ongoing review or surveillance of
communications stored on or transmitted through its facilities by customers or others. Aussieland Web Design will,
however, review, delete or block access to communications that may harm Aussieland Web Design, its customers or
other third parties. The grounds on which Aussieland Web Design may take such action include, but are not limited
to, actual or potential violations of Aussieland Web Design’s Acceptable Use Policy
Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services, Aussieland Web Design offers its clients,
and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial
information. Aussieland Web Design respects that the Internet provides a forum for free and open discussion and
dissemination of information, however, when there are competing interests at issue, Aussieland Web Design reserves
the right to take certain preventative or corrective actions. In order to protect these competing interests, Aussieland
Web Design provides this Acceptable Use Policy ("AUP"), which supplements and explains certain terms
of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations
when utilizing Aussieland Web Design’s services. This AUP will be revised from time to time. A customer's use of
Aussieland Web Design’s after changes to the AUP are posted on Aussieland Web Design’s web site, www.aussieland.net,
will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the
Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who
use the Internet to disseminate information to others.
When information is disseminated through the Internet, they also must keep in mind that Aussieland Web Design does
not review, edit, censor, or take responsibility for any information its clients may create. When users place information
on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other
harmful speech. Also, because the information they create is carried over Aussieland Web Design’s network and may
reach a large number of people, including both clients and non-clients of Aussieland Web Design, clients' postings
to the Internet may affect other clients and may harm Aussieland Web Design’s goodwill, business reputation, and
operations. For these reasons, clients violate Aussieland Web Design policy and the service agreement when they,
their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not
only harmful because of its negative impact on consumer attitudes toward Aussieland Web Design, but also because
it can overload Aussieland Web Design's network and disrupt service to Aussieland Web Design clients. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received, Aussieland Web Design has the discretion to determine
from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. See UCE/SPAM
Policy.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations,
or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others.
Aussieland Web Design is required by law to remove or block access to customer content upon receipt of a proper
notice of copyright infringement. It is also Aussieland Web Design’s policy to terminate the privileges of customers
who commit repeat violations of copyright laws.
Adult Material
Because the Internet is a global communication tool, and we have clients from nearly every country in the world
it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate
against those who choose to utilize adult content or adult related material. This being said, there are still several
reasons why Aussieland Web Design has been forced to create its no adult sites policy for its virtual server users.
What does Aussieland Web Design consider "Adult Material?"
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to sites who would be inbreach of these Policies should their site be hosted
on Aussieland Web Designs servers.
Why does Aussieland Web Design have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said,
consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller
adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would
be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would
be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive,
and our bandwidth clear; therefore, adult sites on our servers are not an option.
Aussieland Web Design reserves the right to decide what it considers "adult content", "adult material",
"sexually explicit", or "sexually related". Let us know if you are unsure of the approval of
your site before placing an order.
Defamatory or Abusive Language
Using Aussieland Web Design’s network as a means to transmit or post defamatory, harassing, abusive, or threatening
language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting
to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity
that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information
gathering activity).
Background Running Programs
Background Daemons in general are prohibited on Aussieland Web Design servers, including, but not limited to, IRC
bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
Aussieland Web Design will be the sole arbitor of what consitutes a violation of the above policy.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging,
flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with
the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed
to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, where prohibited by Australian or U.S.A. State or
Federal laws.
Usenet Groups
Aussieland Web Design reserves the right not to accept postings from newsgroups where we have actual knowledge
that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that Aussieland Web Design determines to be harmful to its
clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with
the client. Aussieland Web Design will not, as an ordinary practice, monitor the communications of its client to
ensure that they comply with Aussieland Web Design policy or applicable laws. When Aussieland Web Design becomes
aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited
to, removing information, shutting down a web site, implementing screening software designed to block offending
transmissions, denying access to the Internet, or take any other action it deems appropriate.
Aussieland Web Design also is concerned with the privacy of on-line 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,
Aussieland Web Design urges its clients to assume that all of their on-line communications are insecure. Aussieland
Web Design cannot take any responsibility for the security of information transmitted over Aussieland Web Design’s
facilities.
Aussieland Web Design will not intentionally monitor private electronic mail messages sent or received by its clients
unless required to do so by law, governmental authority, or when public safety is at stake. Aussieland Web Design
may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.
Also, Aussieland Web Design may disclose information, including but not limited to, information concerning a client,
a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation, or governmental request. Aussieland Web Design assumes no obligation
to inform the client that client information has been provided and in some cases may be prohibited by law from
giving such notice. Finally, Aussieland Web Design may disclose client information or information transmitted over
its network where necessary to protect Aussieland Web Design and others from harm, or where such disclosure is
necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Aussieland Web Design and
its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should
be sent to abuse@Aussieland.net
CGI Abuse Policy
Aussieland Web Design allows CGI to be used on all Virtual Servers. CGI can be resource intensive however, and
because a Virtual Server must be shared with other users, we must limit how much of the CPU can be used by any
one account on a shared server. There are several reasons why Aussieland Web Design has created its CGI Abuse policy
for its virtual server users.
What does Aussieland Web Design consider "CGI ABUSE"?
Any site whose CGI programs are using excessive amounts of system resources. Excessive amounts is defined as any
amount that results in substantial degradation of server performance. Aussieland Web Design is the sole determinant
of what consititues degraded server performance.
Due to their use of flat files instead of databases, Aussieland Web Design does not allow the use of UBB or
YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation,
and cannot be allowed in our shared server environment. Aussieland Web Design suggests using VBulletin or phpBB
as a more efficient, database-driven alternative to these bulletin boards.
Why does Aussieland Web Design have this policy?
Server Speed and Fairness to others
A Virtual Server is shared. As such, there are many accounts per machine. In all fairness, Aussieland Web Design
cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients
on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all
areas: FTP, Telnet, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted on the machine
will return Errors and not be accessible in any way.
What happens if I violate this policy ?
All accounts that are found to using excessive amounts of system resources will receive an email warning from Aussieland
Web Design. This warning will inform you that there is too much CGI running and it will provide options for reducing
the usage or upgrading your server. If you do not reduce the usage within 24 hours of the email being sent, your
CGI scripts will be disabled.
UCE / SPAM Policy
The abuse and misuse of e-mail is a serious problem, and Aussieland Web Design will not tolerate it.
Definition of UCE (Unsolicited Commercial E-mail), or SPAM:
- The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address
belonging to Aussieland Web Design, or any URL (domain) that is hosted by Aussieland Web Design.
- Unsolicited postings to newsgroups advertising any IP or URL hosted by Aussieland Web Design.
- The use of webpages set up on ISP's that allow SPAM-ing (also known as "ghost sites") that directly
or indirectly reference customers to domains or IP addresses hosted by Aussieland Web Design.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is
designed to facilitate a means to SPAM.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the
Mail Abuse Prevention System (MAPS) website.
Repercussions of SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.
Aussieland Web Design:
SPAM is not only harmful because of its negative impact on consumer attitudes toward Aussieland Web Design, but
also because it can overload Aussieland Web Design’s network and resources, especially on our shared (virtual)
server environments.
Our Providers:
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers.
This upsets our providers who abhor SPAM for the same reasons that Aussieland Web Design does - it causes negative
consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community
and obviously will not allow any practice that threatens these relationships.
Punishment For SPAM:
Aussieland Web Design reserves the right to terminate, without warning, any account that violates this policy.
Usage of Aussieland Web Design services constitutes acceptance and understanding of this policy.
Aussieland Web Design may, at its option, charge $25.00 per SPAM complaint we receive for Virtual Server customers.
These are non-refundable charges and will be invoiced at the time of complaint notification.
Aussieland Web Design reserves the right to decide what it considers "SPAM", "UCE", "mail
bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail
recipients were from an "opt-in" e-mail list.
Should you choose to e-mail from Aussieland Web Design servers, especially if you use mailing lists, you must read
and adhere to the following guidelines, which are offered as a statement of Internet standards and best current
practices for proper mailing list management and preventing e-mail abuse.
Basic Mailing List Management Principles for Preventing Abuse
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive
audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.
Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules
of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from
being used in an abusive manner.
1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually
accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL
which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement
of all lists is the verification of all new subscriptions.
2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions,
and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings
from a list must cease promptly once a subscription is terminated.
3. Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by
which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to
terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others
is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking
steps to ensure that mailings do not overwhelm less robust hosts or networks.
5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive
purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which
all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties
entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of
addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give
properly authorized domain administrators the option to suppress all mailings to the domains for which they are
responsible.
6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including
whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold,
it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others
must examine the terms and conditions under which the addresses were originally compiled and determine that all
recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including
the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject
matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription.
List administrators should create a new mailing list when there is a substantive change in either the subject matter
or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing
list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company
A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate
Company B's mailing lists into its own.
*This SPAM (UCE) Accepted Use Policy and all other Aussieland Web Design policies are subject to change by Aussieland
Web Design without notice. Continued usage of the services after a change to this policy is implemented and posted
on the Aussieland Web Design site constitutes your acceptance of such change or policy. We encourage you to regularly
check the Aussieland Web Design site for any changes or additions.
|
