This is the re_fresh hosting Acceptable
Use Policy. This document contains information about what type
of behaviour is and is not allowed on the re_fresh network. If
you have any questions, please contact us.
Background
From time to time re_fresh 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.re-fresh.ws/aup.html.
The AUPs are not exhaustive and re_fresh reserves the right to
modify the AUPs at any time, effective upon either the posting
of the modified AUPs to http://www.re-fresh.ws/aup.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 re_fresh 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 re_fresh. 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 re_fresh's policy to terminate repeat infringers.
re_fresh 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 hosting@re-fresh.ws
System And Network Security
Violations of system or network security are prohibited, and may
result in criminal and civil liability. re_fresh 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 re_fresh. 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 hosting@re-fresh.ws. re_fresh 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, re_fresh urges its customers to assume that
all of their online communications are insecure. re_fresh cannot
take responsibility for the security of information transmitted
over re_fresh's facilities.
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 re_fresh's
service to guess passwords or to access other systems or networks
without authorisation. re_fresh will fully cooperate with
law enforcement authorities in the detection and prosecution of
illegal activity.
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 re_fresh 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 re_fresh by offended users.
re_fresh 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.
Copyright Infringement - Software Piracy
PolicyThe re_fresh 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 Val Eimutis, re_fresh Pty.
Ltd., PO Box 246, Port Melbourne VIC 3207, Australia or by email
to hosting@re-fresh.ws
re_fresh will cooperate fully with any
civil and/or criminal litigation arising from the violation of
this policy.
Network Responsibility
Customers have a responsibility to use the re_fresh
network responsibly. This includes respecting the other customers
of re_fresh. re_fresh reserves the right to suspend
and or cancel service with any Customer who uses the re_fresh
network in such a way that adversely effects other re_fresh
customers. This includes but is not limited to:
Attacking or attempting to gain unauthorised
access to servers and services that belong to re_fresh, its
third party providers or its customers (i.e. computer hacking),
and/or Participating in behaviour which result in reprisals that
adversely effect the re_fresh network or other customers'
access to the re_fresh network.
re_fresh 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 re_fresh customer, whether or not the attacked account
or computer belongs to re_fresh, 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 re_fresh
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. re_fresh will cooperate fully
with any civil and/or criminal litigation arising from the violation
of this policy.
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 re_fresh 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 re_fresh services or products is
prohibited. Using the re_fresh 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 re_fresh network
are open to the public. You are solely responsible for your usage
of the re_fresh network and servers and any statement you
make on servers hosted within the re_fresh 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.
Child Pornography
re_fresh 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 re_fresh 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.
Commercial Advertisements With Email
re_fresh 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 re_fresh
may not use or permit others to use our network to transact in
UCE. Customers of re_fresh 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 re_fresh 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 re_fresh network, it is advisable
that Customers develop a similar, or stricter, policy for their
clients.
Violation of re_fresh's SPAM policy will result
in severe penalties. Upon notification of an alleged violation
of our SPAM policy, re_fresh will initiate an immediate investigation
(within 48 hours of notification). During the investigation, re_fresh
may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our SPAM
policy, re_fresh may, at its sole discretion, restrict, suspend
or terminate customer's account. Further, re_fresh reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. re_fresh will
notify law enforcement officials if the violation is believed
to be a criminal offense. Violation of re_fresh's SPAM policy
may be reported to hosting@re-fresh.ws
IP Address Overlap
re_fresh administers the network on which
customer servers reside. The customer cannot use IP addresses
which were not assigned to them by re_fresh 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.
IRC
re_fresh allows the use of IRC inside the
re_fresh network as long as the use of IRC on a re_fresh
server does not violate any of the other terms of this AUP. As
a policy, re_fresh will not provide vanity IRC reverse DNS
records. To enforce this policy re_fresh does not turn the
reverse address of IPs over to the customer. Authority over this
information remains with re_fresh.
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.
Suspension
re_fresh reserves the right to suspend
network access to any customer if, in the judgment of the re_fresh
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 re_fresh 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.
Cancellation
re_fresh 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 re_fresh if re_fresh 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.).
Indemnification
re_fresh wishes to emphasise that in signing
the terms & conditions or its equivalent, customer indemnifies
re_fresh for any violation of the terms & conditions
or its equivalent, law or AUP that results in loss to re_fresh
or the bringing of any claim against re_fresh by any third-party.
This means that if re_fresh is sued because of a customer's
or a customer of a customer's activity, the customer will pay
any damages awarded against re_fresh, plus costs and reasonable
attorney's fees.
Disclaimer Of Responsibility
re_fresh 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. re_fresh
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 re_fresh 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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