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Acceptable Use Policy

This is the PiXEL iNK MEDiA Managed Hosting Acceptable Use Policy. This document contains information about what type of behaviour is and is not allowed on the PiXEL iNK MEDiA Network. If you have any questions, please contact us.

1. Background

From time to time PiXEL iNK MEDiA Managed 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.pixelinkmedia.com.hosting/acceptableuse.html. The AUPs are not exhaustive and PiXEL iNK MEDiA reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.pixelinkmedia.com.hosting/acceptableuse.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 PiXEL iNK MEDiA 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 PiXEL iNK MEDiA. 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 PiXEL iNK MEDiA's policy to terminate repeat infringers. PiXEL iNK MEDiA 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 security@pixelinkmedia.com.

2. System And Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. PiXEL iNK MEDiA 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 PiXEL iNK MEDiA. 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 security@pixelinkmedia.com. PiXEL iNK MEDiA 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, PiXEL iNK MEDiA urges its customers to assume that all of their online communications are insecure. PiXEL iNK MEDiA cannot take responsibility for the security of information transmitted over PiXEL iNK MEDiA's facilities.

3. 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 PiXEL iNK MEDiA's service to guess passwords or to access other systems or networks without authorisation. PiXEL iNK MEDiA will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

4. 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 PiXEL iNK MEDiA 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 PiXEL iNK MEDiA by offended users. PiXEL iNK MEDiA 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.

5. Copyright Infringement - Software Piracy Policy

The PiXEL iNK MEDiA 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 Mano Stephan, PiXEL iNK MEDiA Pty. Ltd., PO Box 332, Albert Park VIC 3206, Australia or by email to security@pixelinkmedia.com.

PiXEL iNK MEDiA will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

6. Network Responsibility

Customers have a responsibility to use the PiXEL iNK MEDiA network responsibly. This includes respecting the other customers of PiXEL iNK MEDiA. PiXEL iNK MEDiA reserves the right to suspend and or cancel service with any Customer who uses the PiXEL iNK MEDiA network in such a way that adversely effects other PiXEL iNK MEDiA customers. This includes but is not limited to:

Attacking or attempting to gain unauthorised access to servers and services that belong to PiXEL iNK MEDiA, its third party providers or its customers (i.e. computer hacking), and/or Participating in behaviour which result in reprisals that adversely effect the PiXEL iNK MEDiA network or other customers' access to the PiXEL iNK MEDiA network.

PiXEL iNK MEDiA 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 PiXEL iNK MEDiA customer, whether or not the attacked account or computer belongs to PiXEL iNK MEDiA, 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 PiXEL iNK MEDiA 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. PiXEL iNK MEDiA will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

7. 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 PiXEL iNK MEDiA 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 PiXEL iNK MEDiA services or products is prohibited. Using the PiXEL iNK MEDiA 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 PiXEL iNK MEDiA network are open to the public. You are solely responsible for your usage of the PiXEL iNK MEDiA network and servers and any statement you make on servers hosted within the PiXEL iNK MEDiA 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.

8. Child Pornography

PiXEL iNK MEDiA 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 PiXEL iNK MEDiA 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.

9. Commercial Advertisements With Email

PiXEL iNK MEDiA 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 PiXEL iNK MEDiA may not use or permit others to use our network to transact in UCE. Customers of PiXEL iNK MEDiA 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 PiXEL iNK MEDiA 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 PiXEL iNK MEDiA network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Violation of PiXEL iNK MEDiA's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PiXEL iNK MEDiA will initiate an immediate investigation (within 48 hours of notification). During the investigation, PiXEL iNK MEDiA may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, PiXEL iNK MEDiA may, at its sole discretion, restrict, suspend or terminate customer's account. Further, PiXEL iNK MEDiA reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PiXEL iNK MEDiA will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of PiXEL iNK MEDiA's SPAM policy may be reported to abuse@pixelinkmedia.com.

10. IP Address Overlap

PiXEL iNK MEDiA administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by PiXEL iNK MEDiA 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.

11. IRC

PiXEL iNK MEDiA allows the use of IRC inside the PiXEL iNK MEDiA network as long as the use of IRC on a PiXEL iNK MEDiA server does not violate any of the other terms of this AUP. As a policy, PiXEL iNK MEDiA will not provide vanity IRC reverse DNS records. To enforce this policy PiXEL iNK MEDiA does not turn the reverse address of IPs over to the customer. Authority over this information remains with PiXEL iNK MEDiA.

12. 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.

13. Suspension

PiXEL iNK MEDiA reserves the right to suspend network access to any customer if, in the judgment of the PiXEL iNK MEDiA 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 PiXEL iNK MEDiA 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.

14. Cancellation

PiXEL iNK MEDiA 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 PiXEL iNK MEDiA if PiXEL iNK MEDiA 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.).

15. Indemnification

PiXEL iNK MEDiA wishes to emphasise that in accepting the terms & conditions or its equivalent, customer indemnifies PiXEL iNK MEDiA for any violation of the terms & conditions or its equivalent, law or AUP that results in loss to PiXEL iNK MEDiA or the bringing of any claim against PiXEL iNK MEDiA by any third-party. This means that if PiXEL iNK MEDiA is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against PiXEL iNK MEDiA, plus costs and reasonable attorney's fees.

16. Disclaimer Of Responsibility

PiXEL iNK MEDiA 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. PiXEL iNK MEDiA 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 PiXEL iNK MEDiA 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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