Acceptable Use Policy
2. Prohibited Use
2.1. Shared cPanel web hosting services may not be utilised for the following:
a. File storage purposes or backup repositories that are not directly accessible to the Internet
b. Excessive email storage or email archiving
2.2. Shared cPanel Web Hosting may not be utilised for the following without explicit permission:
a. IRC scripts, servers or bots
b. “warez” sites or Pirate Software Sites (including music, movies, applications etc.)
c. Game Servers (TeamSpeak, Counter Strike, Battlefield etc.)
d. Illegal Hacking community sites
e. Lottery, banking or investment sites (Pyramid Schemes)
f. Image or File Hosting services (i.e. Mega.co.nz, Rapid Share)
g. Banner Sharing or Advertisement services
h. Web Sites selling goods without having (where applicable) appropriate Australian permits
i. VPN services to commit fraudulent activity including Proxy Utilities or Anonymous Browsing Scripts.
j. Any other services promoting illegal activities or that Aussie Web Design’s Management deem as inappropriate or unacceptable.
3. Unacceptable Content and Material(s)
3.1. The Customer may not transmit, publish, distribute, store or link any content or material on Nexigen Digital servers or network that Nexigen Digital believes:
a. Is excessively violent, incites violence, threatens or implies violence, or contains harassing content or hate speech;
b. Is defamatory or violates a person’s privacy;
c. Constitutes child pornography;
d. Constitutes pornography;
e. Improperly exposes trade secrets or other confidential or proprietary information of another person;
f. Is intended to assist others in defeating technical copyright protections;
g. Clearly infringes on another person’s trade or service mark, patent, or other property right;
h. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
i. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Nexigen Digital ;
j. Is otherwise malicious, fraudulent, or may result in retaliation against Nexigen Digital ;
k. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
4. Excessive Resource Usage
4.1. Per CPU core limits apply to all shared cPanel hosting services and are limited to the following:
25% CPU, 1GB RAM, and 20 entry processes.
All limits are enforced utilising CloudLinux software that monitors resources on all shared cPanel hosting services. A “503 Service Temporarily Unavailable” page will be displayed to visitors whom attempt to visit the page whilst the limits are being exceeded.
4.2 All shared cPanel services, the customer may not:
a. Execute scripts in which the task takes longer than 240 seconds to complete;
b. Consume greater than 250,000 inodes (1 file equals 1 inode);
c. Perform any task which generates high IO load or large amounts of system memory;
d. Perform any tasks which unreasonably consumes excessive server resources causing issues for other Customers on the shared service;
e. Host or utilise any bit torrent applications, trackers or clients on the shared service;
f. Execute cron entries with intervals less than 15 minutes;
g. Operate or utilise a script which does not close MySQL connections upon completion.
4.3. The following commands on all shared cPanel web services require permission to execute including validation from Nexigen Digital :
c. ping, ping6;
d. traceroute, traceroute6 or tracert;
5. System and Network Security
5.1. Customers agree to maintain and keep all PHP, CGI and CMS’ (Content Management Systems) up to date with the latest stable versions. Failing to maintain these may result in security vulnerabilities, defacement or destruction of your service(s).
5.2. Customers agree to keep all service, including email account(s), usernames and passwords safe and secure at all times.
5.3. Customers are encouraged to keep all folder and file permissions set correctly.
6. Spam and Marketing/Bulk Email
6.1. Customers will ensure that they will not knowingly utilise their service to send unsolicited email, unsolicited bulk email (spam), or allow others to utilise it for these reasons.
6.2. Customers may not utilise any purchased mailing lists for individual or bulk email sending.
6.3. Nexigen Digital allows the following for email sending:
a. 500 emails per domain per hour on all shared cPanel services;
Customers whom attempt to send more than the allowed limits above, will receive an undeliverable message for one hour after the limit has been exceeded. All emails over the limit may be discarded.
6.4. Customers agree that all mailing list applications (including mailman), will have no more than 4,000 individual email addresses per list per domain.
6.5 Customers agree that all commercial emails sent contain appropriate opt-in and opt-out mechanisms and that all emails sent comply with the Australian Spam Act 2003 (http://www.acma.gov.au/WEB/STANDARD/pc=PC_310322), the United States CAN-SPAM Act 2003 http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) and any other relevant Spamrelated relevant legislation.
7.1. Nexigen Digital will take backups of cPanel services on the following schedule:
– 14 Days differential backup for Economy web hosting accounts
7.2. The following paths are excluded from all economy/business and reseller cPanel based backups
– /application_backups/* (commonly generated from 1 Click Application Installers)
– /backup-* (manually created cPanel backups)
This is to prevent Nexigen Digital ’s systems taking ‘backups of backups’ and therefore allowing Nexigen Digital ’s backup infrastructure to operate at an optimum level. All backups are stored on separate infrastructure for the purpose of disaster recovery. A timestamp of the backups we have of the Customer’s cPanel data is located within nvArea.
7.3. Customers are always encouraged to maintain a local and off-site backup of their service .
7.4. Customers who utilise a VPS (Virtual Private Server) with a backup add-on will ensure that the space is correctly mounted, formatted and backups are successfully being taken. Nexigen Digital assumes no responsibility should the configuration of the backup mount change or settings be altered on the VPS.
7.5. Customers who utilise a VPS (Virtual Private Server) or Dedicated Server with R1Soft Backups enabled will ensure that the agent is always started and that the backup task is being run successfully. Nexigen Digital assumes no responsibility should the configuration of the backup agent or settings be altered on the VPS or Dedicated Server.
7.6. As per the Terms of Service, Nexigen Digital will not be held liable or responsible for any data loss under any circumstance. It is the Customer’s sole responsibility to ensure they have a backup of all data including email, MySQL databases and files.
8. Non-compliance and Remedy
8.1. Any Service(s) that are found to be in breach this policy but have not caused any known inconvenience to other Customers will result in an email being sent to the Customer asking for changes to be made in order to comply with this policy and two (2) days to make the changes. Failure to comply will result in the Service(s) being suspended without additional warning.
8.2. Any Service(s) that are found to be in breach this policy and have caused issues for other Customers will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach.
8.3. Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach, and a $39.95 reactivation fee has been paid in full.
8.4. Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach will result in immediate suspension followed by an email advising that the service will not be unsuspended and the Customer will be advised to move the Service(s) to another provider. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.
8.5. The Customer will be solely liable for any fees or charges that are paid by Nexigen Digital to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.
8.6. Customer’s shall not be entitled to any refund for any remaining account service period or credit should there be any breaches as described within the Aussie Web Design Terms of Service or Acceptable Use Policy documents.
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