Violation of PMZ Marketing's Web Hosting Acceptable Use Policies will be considered immediate grounds for termination of Services and no refunds will be given.
1. Scope and Purpose
PMZ Marketing and its hosting partners (hereafter referred to as "PMZ Hosting Providers") provides services to view and use products, services, and other materials made available over the Internet. By its nature, the Internet is designed to permit the expression of a wide variety of commercial and non-commercial messages, as well as purchase and use products, services, and other items. However, the Internet is not owned or controlled by any one entity. PMZ Hosting Providers can not, and does not, monitor or control any Content, including its customer's Content. Use of the Internet, as a provider of Content, or as a user of it, requires a high level of individual judgment. By accessing the Internet, you assume the risk that Content available through PMZ Hosting Providers' services may be inaccurate, offensive, illegal or otherwise unsuitable to your individual tastes, and/or needs. PMZ Hosting Providers can not, and will not, accept responsibility for injury that results from this Content, even if that Content may be legally actionable.
To balance the often competing issues that the nature of the Internet creates, PMZ Hosting Providers has created this Acceptable Use Policy (AUP). This AUP governs the use of the services provided by PMZ Hosting Providers, its customers, visitors to PMZ Hosting Providers' web sites, and visitors to customer's web sites (all such collectively referred to as "Users"). It is a part of each customer's agreement with PMZ Hosting Providers and is incorporated by this reference. While this AUP is designed to facilitate open and free use of the Internet, and balance issues presented by that use, PMZ Hosting Providers may take actions based on this AUP that in its sole opinion are in its best business interests, regardless of whether the use itself is legal.
In particular, PMZ Hosting Providers encourages prospective customers to carefully review sections of this AUP covering EMail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire AUP, may help avoid creating issues under it that will cause PMZ Hosting Providers to take action, up to, and including, termination of a customer's account.
Customers violate this AUP when they or their Users engage in activities prohibited by it. It is a customer's responsibility and contractual obligation to ensure that End Users comply with this AUP. PMZ Hosting Providers expects that customers will cooperate with it in the enforcement and administration of this AUP. A customer's failure to do so is a violation of their Agreement.
2.1 Lawful Use
PMZ Hosting Providers' services may be used for lawful purposes only. Customers and Users may not use PMZ Hosting Providers' services to directly facilitate the violation of any particular law or regulation. Use of PMZ Hosting Providers' services is governed by the laws of Australia, regardless of our physical location or that of the Customer or User.
2.2 Other Acceptable Use Policies
When using PMZ Hosting Providers to connect to other systems, Customers and/or Users must respect any acceptable use policies, terms of service, terms and conditions or similar restrictions placed on their use by the owners of those systems.
Services we provide may be subject to other acceptable use policies. We will provide these acceptable use polices to you on request.
Any use of Customer's account, server, or any other service provided by PMZ Hosting Providers will be considered use by the individual or entity set out in PMZ Hosting Providers' records as the owner, or principal contact. This individual or entity will be held responsible for all contractual obligations including violations of this AUP. The security of Customer's systems and account details are the responsibility of the customer. The primary contact is considered the owner or authorized user of all data using PMZ Hosting Providers' services.
PMZ Hosting Providers recommends that Customers take steps to ensure that all use of their account and/or server is authorized. This includes restricting physical access to their computers and networks, logging their use, and ensuring that their account details (especially passwords) are stored securely. Connecting a computer to the Internet exposes it to millions of other computers. PMZ Hosting Providers recommends that Customers ensure that their computer is secured against abuse from the Internet. All security related responsibilities are those of the Customer unless otherwise agreed upon in writing. Computers are configured to facilitate their operation in PMZ Hosting Providers' network. This configuration may be less secure than others. Customers are encouraged to review security protocols and ensure that they have selected the security level fitting their needs. PMZ Hosting Providers makes no warranties regarding the security of its network.
The structure and nature of the Internet community changes often. Activities that may at one time have been considered to be acceptable to the general public, may, over time, become unacceptable. PMZ Hosting Providers, Customers, and Users do business in this unstable and unpredictable environment. PMZ Hosting Providers will attempt to give Customers 30 days prior notice of a material change to this AUP. However, because of the nature of the Internet, PMZ Hosting Providers reserves the right to change this AUP without notice. Continued use of PMZ Hosting Providers' services constitutes acceptance of the most current version of the AUP.
It is the responsibility of the customer to notify PMZ Hosting Providers of any changes to their account or contact information. PMZ Hosting Providers has no responsibility for communications that are misdirected as a result of Customer's failure to provide PMZ Hosting Providerswith updated contact information.
4. Contacting PMZ Hosting Providers regarding violation of this AUP
Email addresses used to contact PMZ Hosting Providers are set out within this AUP. Please note, that PMZ Hosting Providers has created special addresses for certain types of complaints. Complaints misdirected by a Customer or User may not be responded to. Complaints submitted to PMZ Hosting Providers are not confidential and may be forwarded to PMZ Hosting Providers' customer or law enforcement, without notice. PMZ Hosting Providers does not recognize requests that complaints be kept confidential, and will not honor those requests.
Complaints for which a particular email or other contact address is not specified in this AUP, should be sent to support 'at' pmzmarketing.com.au. Complainants should include as much detail as possible. Relevant Emails or Usenet postings (including all headers) and logs, together with references to charters, acceptable use policies and other supporting evidence should all be included when they are available. Some abuse complaints may not receive a reply depending on the volume of abuse complaints about that particular issue.
PMZ Hosting Providers recognizes that it is often expedient to request that PMZ Hosting Providers take action related to a Customer or User. However, PMZ Hosting Providers is not always in the best position to take action. The fact that a particular activity is prohibited in this AUP does not obligate PMZ Hosting Providers to take any specific action.
5. Intellectual Property Rights
Customers warrant that their use of PMZ Hosting Providers' services are authorized, and that they are the lawful owner, or licensee of Content, placed on, or accessed through those services.
5.1 Copyright Infringement
PMZ Hosting Providers' designated agent for receipt of notices pursuant to the copyright infringement is:
14 Honeysuckle Close
Glenning Valley NSW 2261
Phone: 0403 436 889
5.2 Other Intellectual Property Infringement
Customers, and Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, trademarks, service marks, trade secrets, software piracy and patents. Complaints about such activity by Customers or Users may be directed to PMZ Marketing.
6. Certain Content Restrictions
PMZ Hosting Providers does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. For the purposes of this AUP, PMZ Hosting Providers does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers and Users are prohibited from using PMZ Hosting Providers' services to disseminate or access Child Pornography and Bestiality. PMZ Hosting Providers is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality. PMZ Hosting Providers actively cooperates with law enforcement in their efforts to prosecute violations of Australian laws and regulations restricting Child Pornography and Bestiality, and will do so without informing Customers or Users.
Child Pornography and/or Bestiality complaints may be directed to PMZ Marketing.
Further information about child pornography may be found at www.ncmec.org
7. Australian Export and Import Laws
Customers and Users may not use PMZ Hosting Providers' services to engage in a violation of Australian export and import control laws. Violation of these laws may include selling products that may be legal to sell in the Australia., but illegal to export; or legal to sell in one country, and illegal to sell in the Australia. Customers may not use PMZ Hosting Providers' services to provide services to Users with whom Australian. citizens may not do business.
Customers and Users should not assume that any information in PMZ Hosting Providers' possession is confidential or will not be disclosed.
Customers and Users should not assume that they will receive notice of subpoenas and requests for information related to their accounts.
9. IP Addresses
PMZ Hosting Providers owns IP numbers and addresses assigned to customers. PMZ Hosting Providers may, in its sole discretion, change these numbers. These numbers may not be transferred to another provider.
10. Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about PMZ Hosting Providers' customers, and/or their use of PMZ Hosting Providers' services, are required to submit a subpoena, or other similar document, pursuant to which PMZ Hosting Providers is required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to PMZ Hosting Providers, the Subpoena will be transmitted to PMZ Hosting Providers' Customer.
Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at PMZ Hosting Providers' discretion. Responses are subject to a response fee of AU$250 per hour. PMZ Hosting Providers does not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact PMZ Hosting Providers prior to serving Civil Demands in order to minimize their expense.
Address for Subpoenas and Civil Demands:
14 Honeysuckle Close
Glenning Valley NSW 2261
Phone: 0403 436889
11.1 Unauthorized Access
Under no circumstances may PMZ Hosting Providers' systems be used to gain access or deny access to a system or attempt to gain or attempt to deny access to a system without the permission of the system's owners (or rightful users).
11.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume the resources of a system in order to reduce its ability to serve its function. Under no circumstances may PMZ Hosting Providers' systems be used in DoS attacks.
11.3. Prohibition of Abnormal, Damaging Traffic
Abnormal traffic shapes may cause detrimental effects to other users and/or the network, and, in extreme cases, may have DoS attack like effects.
11.3.1. Maximum pps Ratio
Customers must ensure that their packets per second (pps) ratio is below 1 packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher pps to bandwidth ratios will result in immediate service termination with no grounds for reinstatement. Furthermore, Customer will be liable for a minimum fine of $500 per hour that the pps ratio is exceeded, or greater based on the scope of the effect on other users and/or the network
11.4 Probes and Scans
A probe is a connection made to a computer in order to determine if it has a security vulnerability (for example, testing a mail relay to see if it allows third party relay). This also includes un-authorized security testing of any system or network.
A port scan is making multiple attempts to connect to a computer on different ports in order to determine the services it provides
A sweep is a series of attempts to connect to multiple network addresses in order to determine whether they are in-use, providing a specific service or to map a network's topology.
Spoofing is faking the details of a connection in order to make it appear to come from a different computer, organization or individual without their permission.
11.4.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems is prohibited, and may be reported to law enforcement agencies.
PMZ Hosting Providers reserves the right to use probes, port-scans, sweeps and spoofing on any system connected to the PMZ Hosting Providers network in the course of performing security assessments and threat management.
11.4.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be rectified as soon as possible. PMZ Hosting Providers reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.
The Internet is a robust source for communication between individuals and entities. PMZ Hosting Providers supports the use of Email for legitimate communications in a manner that is generally accepted. The use of Email for unsolicited bulk E-mails is not generally accepted. The use of PMZ Hosting Providers' services to transmit this type of Email is specifically prohibited by this AUP. While differences of opinion may exist on what type of Email communication constitutes unsolicited bulk Email, or SPAM, PMZ Hosting Providers' Customers and End Users are required to abide by the definitions and restrictions in this AUP, regardless of whether a particular type of Email communication is permissible by law or other regulation.
Bulk (or Broadcast) Email
Bulk E-mail is sending of substantively similar Emails to more than 20 Email addresses.
Commercial Email is any Email message, the primary purpose of which, is the commercial advertisement or promotion of a commercial product or service, including Content on a web site, which is operated for a commercial purpose, or which has as its primary goal, a commercial purpose
12.1.2 PMZ Hosting Providers' services may not be used to send UBE and UCE (a.k.a. spam)
PMZ Hosting Providers' systems may not be used to send Unsolicited Bulk Emails (UBE) or Unsolicited Commercial Emails (UCE). Customers or others acting on their behalf may not send UBE or UCE promoting or advertising domain names, URIs or E-mail addresses hosted by PMZ Hosting Providers.
12.1.3 Other Commercial Announcements
Neither customers nor Users may post any commercial advertisement on any public bulletin board system or web site unless it is expressly allowed on that system or web site. Complaints will be handled in the same manner as UBE and UCE complaints.
12.1.4 Bulk Mailing Through PMZ Hosting Providers
PMZ Hosting Providers' mail servers are the only servers designed to send Bulk Email using the mailing list system that may be part of the subscribers account. Sending Bulk (or Broadcast) Email through or from any PMZ Hosting Providers owned server, that is not expressly designed to handle mailing lists, is strictly prohibited. This specifically includes but is not limited to PMZ Hosting Providers web servers running any operating system or combination of server software. Violations of this policy may lead to sanctions permanently or temporarily inhibiting the ability to send any mail from those servers or total account termination at PMZ Hosting Providers' sole discretion
12.2 Mail Bombing
Mail Bombing is sending more than 10 substantively similar Emails to the same recipient in any 24-hour period. PMZ Hosting Providers' systems may not be used to engage in Mail Bombing.
Usenet is a distributed hierarchy of publicly accessible forums primarily defined by RFC1036.
13.1 Usenet Spam
Cross posting is posting a single Usenet message that is marked as appearing in multiple newsgroups.
Multi-posting is repeatedly posting identical or substantively similar messages. Multi-posting is considered bad because each copy of a multi-posting must be separately distributed across Usenet, whereas a cross-posted message need only be transferred once (even though it appears in multiple newsgroups).
In order to quantify how bad a multi-posted or cross-posted message is the Briedbart index is used.
If during any 45 day period, a series of substantively similar messages are posted, the first cross-posted to n1 groups, the second to n2 groups, the third to n3 groups, etc. The Briedbart index of that series of postings is calculated as the sum of the square roots of n1, n2, n3, etc.
Excessive Multi-Posting (EMP)
Any series of substantively similar postings with a Briedbart index greater than 20 constitutes Excessive Multi-Posting (EMP).
13.1.2 Prohibition of EMP
PMZ Hosting Providers' systems may not be used for EMP. Customers or others acting on their behalf may not engage in EMP promoting or advertising domain names, URIs or Email addresses hosted by PMZ Hosting Providers.
13.2 Off-Topic Posts
Many newsgroups have charters which place restrictions on what messages may be posted to them. Charters can be searched for here: http://www.faqs.org/faqs/faqsearch.html.
Where a charter exists for a newsgroup, a message posted to it which violates that charter is off-topic.
13.2.2 Prohibition of Off-Topic Posts
PMZ Hosting Providers' systems may not be used to post off-topic messages. Customers or others acting on their behalf may not post off-topic messages promoting or advertising domain names, URIs or E-mail addresses hosted by us is also prohibited.
14. Prohibited Services & Protocols
IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using PMZ Hosting Providers' services. No connections to IRC or IRC-like servers or hosts may be made from PMZ Hosting Providers' services
Customers may not make use of the multicast protocol unless they have a written and signed exemption to this rule from PMZ Hosting Providers. Customers using the multicast protocol without prior written authorization will be billed up to AU$500 per hour that multicast is used.
14.3 Open Proxies
Customers may not make use of proxy servers that are not protected by a username and/or password or restricted to specific IP addresses to make indirect network connections to other network services. This includes, but is not limited to, SOCKS proxies, Web proxies, Network address translation (NAT) proxies, Web-based proxy servers and open SMTP relays.
PMZ Hosting Providers expressly reserves the right to suspend or terminate, without notice, all services for any customer who violates our terms and conditions. The sub-sections in this section are only presented as a guide to how complaints are normally handled. Complaints about any violation or unacceptable activity may lead to suspension or termination of any service or services offered by PMZ Hosting Providers. No refunds are provided for services terminated because of any violations of this AUP.
If practical, PMZ Marketing will contact Customer (either by telephone or Email) before any action is taken. Where PMZ Hosting Providers believes that that the violation was accidental or will not be repeated, PMZ Hosting Providers may, at its discretion, choose to re-enable services. In these circumstances PMZ Hosting Providers may also place restrictions or further conditions on Customer’s use of PMZ Hosting Providers' systems, require a formal undertaking from them regarding their future conduct or require payment to cover costs incurred by PMZ Hosting Providersin dealing with the abuse incident.
In certain circumstances, PMZ Hosting Providers may suspend a Customer's services in the interests of preventing further abuse while PMZ Hosting Providers investigates.
15.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be dealt with firmly by PMZ Hosting Providers. Since it is true that complaints do come in about UBE or UCE and the complainant is actually a valid subscriber there is an allowance as follows: The responsibility lies on Customer to make sure their mailing lists are kept up to date and clean of all non-subscribers. Even responded to warnings under section 16.1.1 below will count against the total for subsequent sections following 16.1.1.
15.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period Customer will be notified of those complaints with copies of the reported Emails. This one chance will be given to cease this activity, secure the system from relaying/abuse, or unsubscribe those who filed the complaints.
15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods service will be suspended for ten days. Customer will be notified of those complaints with copies of the reported Emails. It will be the responsibility of Customer to request reconnection when the ten day suspension period has expired. A reconnection fee, equivalent to the a normal account/service set-up fee, will apply.
15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive 24-hour periods the account will be terminated immediately. Notification will be sent after services are terminated.
15.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or PMZ Hosting Providers discovers an open relay or open proxy through the course of business Customer will be notified after services are suspended. Restoration of service will require written acknowledgement of the reason for suspension and either:
- An indication that the security issue will be remedied including how this will be achieved; or,
- Customer pays PMZ Hosting Providers to remedy the security issue on the customer's behalf.
15.1.5 If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third Party
If any services consumed by a Customer, or End User, is found to be the cause for any part of PMZ Hosting Providers' network being blocked or 'blacklisted' by any third party in any way, PMZ Hosting Providers reserves the right to terminate some or all services offered by PMZ Hosting Providers without notice. It is the responsibility of Customers to be sure they and their subscribers are not abusing our network and causing service problems for other Customers.