Acceptable Use Policy

By using our hosting and other services, you agree to comply with this Acceptable Use Policy ("AUP", "POLICY") and your continued use of our services is deemed to be acceptance of this POLICY. This POLICY is in place to protect everyone: us, you, our customers and the Internet as a whole. You are expected to our services with due respect, courtesy and responsibility to everyone.

We expect that by using our services, you already have at least a basic understanding of how the Internet works; how it is used, and what is expected of you as a user as well as what can and cannot be said and done. The simple rule to follow is common sense and common dignity: if you wouldn’t want someone doing the thing to you, then it’s not going to be OK.

That said, there are certain rules which MUST be obeyed, surrounding legality of your actions: if it is illegal in your country and/or Australia and/or the country of your website visitors then you MAY NOT do it, and it would be in breach of this AUP as well as our Terms and Conditions.

Legal bit:
Illegality in any form, including but not limited to activities such as unauthorised distribution or copying of copyrighted software, violation of Australia’s export restrictions, harassment, fraud, trafficking in obscene material, drug dealing and other illegal activities are expressly forbidden.

Interpretation of this policy

This document is not designed to be an exhaustive list of permitted and non-permitted items and practices, but is a guideline for the same, and your best judgement should be used in all cases. Should you be undecided as to whether an act or practice is permitted or not, please contact EXPEED for clarification. EXPEED reserves the right to prevent and prohibit activities that may damage (or may reasonably be deemed to damage) its commercial reputation.

Legal compliance

As a customer of EXPEED, you shall not post, transmit, re-transmit or store any materials on or through any server(s) that are owned and/or operated by EXPEED that at the sole discretion of EXPEED is:

  • In violation of any local, state, federal or international law or regulation
  • Threatening, obscene, indecent, defamatory or might otherwise adversely affect (or can be reasonably be assumed to adversely affect) and individual, group of individuals, company, brand, trademark, organisation or any other person, persons or entity
  • In violation of any person, persons, company, group or entity including but not limited to: copyrights, trade secrets, trademark or intellectual property
  • Unlawful, illegally copied (pirated) software and/or material

Your security obligations

Each CUSTOMER must use reasonable care in keeping each script, application, server or network device attached to or hosted by EXPEED’S infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your applications and/or server(s) may result in a security compromise from unauthorised sources.

A compromised application or server that creates network interference will result in an immediate notification to you and suspension or disconnection from the network immediately to prevent adversely affecting other customers. No credit or refunds will be issued for outages resulting from disconnection due to security breaches. You are solely responsible for any breaches of security affecting applications and/or servers that are under your control. If you intentionally create a security breach, YOU will be responsible for all costs involved in resolving the breach as well as labour charges as per our table of charges in our Terms and Conditions.

System and network security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. EXPEED investigates all incidents involving such violations and will co-operate fully with law enforcement personnel and agencies if a criminal violation is suspected.

System and network security violations include, but are not limited to:

  • Malicious code introduced to websites and/or servers (Trojans, viruses etc.)
  • Undertaking acts that will disrupt the Internet service to other EXPEED users and/or other users of the Internet
  • Deliberately obfuscating your identity for the purposes of causing harm (i.e., IP spoofing)
  • Circumventing user security
  • Using a script or program or any other method to disrupt normal operations of EXPEEDs or any other network (i.e., Denial of Service attacks, flood pings)

Any customer causing or suspected of causing network interference – either deliberately or accidently – will be removed from the network until the cause of interference is identified and rectified. No refunds or credits will be issued for such suspension.

Mass e-mailing and mailing lists

EXPEED expressly forbids the use of its servers and network infrastructure for the purposes of SPAM mailings or any other mass mailing which could reasonably be defined as unwanted and/or unwarranted.

EXPEED allows the use of its servers and network infrastructure for mass mailings based on a mailing list – whether compiled or purchased –in accordance with Australia’s Spam Act 2003 and 2004 and associated amendments. In summary: you must have received consent from all persons and/or entities on that list to receive e-mail messages from you or you must have a reasonable previous association with such persons in order to send them e-mail messages as part of a bulk mailing.

For more information on Australia’s Spam Act 2003, please see:

http://www.dbcde.gov.au/online_safety_and_security/spam/anti-spam_legislation

Unlimited mailbox accounts

Where a package includes an unlimited number of mailboxes, those mailboxes must not be used for the provision of an e-mail service to general Internet users unless expressly agreed to in writing by EXPEED.

Reporting abuse

If you wish to report abuse of EXPEED’S servers and/or network infrastructure, or require more information, please contact us