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This Acceptable Use Policy (the "Policy") describes the proper kinds of conduct and
prohibited uses of the hosting and e-mail services (the "Services") provided by Ripefruit.
The Policy forms part of the Agreement. This Policy is not exhaustive and Ripefruit reserves the
right to modify it at any time, effective upon posting of the modified version at
WWW.RIPEFRUIT.COM or such other location designated by
Ripefruit. By using Ripefruit Services, you agree to abide by the then current version of this
Policy.
Any violation of this policy may result in the suspension or termination of the services and such
action as Ripefruit deems appropriate as further described in the hosting Agreement. Any repeated
violation of this policy will result in the termination of the hosting Agreement. Indirect or
attempted violations of this policy, and actual or attempted violations by a third party on your
behalf, shall be considered violations of the Policy by you.
GENERAL
Ripefruit Services enable you to host and serve your Web site and all related content, including,
but not limited to, programs, program scripts, e-mail, text, bulletin board postings, hypertext
links, meta tags, domain names, pictures, graphics, forums, interactive media, and audio/visual
materials that you or a third party (collectively, "Customer Content") posts on your Web site
or other equipment, servers, software and network of Ripefruit (collectively, "Ripefruit Systems").
Generally, Ripefruit does not actively monitor, censor, or directly control any information that
is stored on or transmitted over Ripefruit Systems. Ripefruit cannot and does not warrant, verify or
guarantee the quality, accuracy, safety or integrity of your Customer Content or other materials or
information that you or a third party may post or access through the Services. You are solely
responsible for all of the Customer Content and your and your users' use of Ripefruit Services and
your Web site.
NO ILLEGAL OR HARMFUL USES
Ripefruit Services and Systems may be used only for lawful purposes. Transmission, distribution
or storage of any material or any activity in violation of any applicable law or regulation,
including but not limited to gambling, is strictly prohibited. The following non-exhaustive list
describes the kinds of illegal or harmful conduct that are prohibited. Ripefruit reserves the right
to restrict or prohibit any and all uses or content that it determines in its sole discretion is
harmful to its systems, network, reputation, good will, other Ripefruit Customers, or any third
party.
Excessive Use of Server Resources. The use of programs and scripts that cause excessive
stress to servers including, without limitation, chat scripts is prohibited on shared server
accounts. This is due to the resultant reduction in resources and deterioration of service for other
the Customers on the same shared server. Such programs and scripts may only be used with dedicated
server accounts. Additionally, excessive use and/or violation of bandwidth/storage maximums are
prohibited on all web hosting accounts. Determination of excessive use is at Ripefruit sole
discretion.
Infringement. Infringement of intellectual property rights or other proprietary rights
including, without limitation, material protected by copyright, trade mark, patent, trade secret or
other intellectual property right used without proper authorisation. Infringement may result from
the unauthorised copying and posting of pictures, photographs, logos, registered or unregistered
trade marks, software, articles, musical works, and videos.
Illegal Materials. Disseminating or hosting material that is, without limitation, unlawful,
obscene, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable,
under the laws of any jurisdiction.
Harmful Content. Disseminating or hosting harmful content or software including, without
limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming
routines that may damage, interfere with, surreptitiously intercept or expropriate any system,
program, data or personal information including the Services.
Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, activities
(ie. gambling) or promotions (ie. make money fast schemes, chain letters, and pyramid schemes);
fraudulent submission or use of personal or financial information; or engaging in any practice that
constitutes an unfair or deceptive trade practice.
Privacy. Collecting, using and disclosing any personally identifiable user information in
violation of any applicable law and/or stated privacy policy.
MAINTENANCE OF SECURITY AND INTEGRITY
Violations of system or network security are prohibited, and may result in criminal and civil
liability. Ripefruit will 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:
Hacking. 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.
Interception. Unauthorised monitoring of data or traffic on any network or system of
Ripefruit or any third party.
Intentional Interference. Interference with service to any user, host or network including,
but not limited to, denial of service attacks, mail bombing, news bombing, other flooding
techniques, deliberate attempts to overload a system and broadcast attacks.
Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a
message header. This prohibition does not include the use of aliases or anonymous re-mailers.
Avoiding System Restrictions. Using manual or electronic means to modify usage details for
billing reasons or to avoid any use limitations placed on the Services such as access and storage
restrictions.
NO E-MAIL ABUSES
You may not distribute, publish, send or incite unsolicited mass e-mailings, promotions,
advertising, or solicitations (such as "spam"), including, without limitation, commercial
advertising, informational announcements, and mail bombing. You may not use Ripefruit mail server or
a third party mail server to relay mail without the express permission of the account holder or the
third party site. Posting the same or similar message to one or more newsgroups (including, but not
limited to, the use of chain letters, excessive cross-postings or multiple-postings) is explicitly
prohibited.
NO SERVICE BUREAUS
You may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in
the Service to any other person without the express prior written consent of Ripefruit.
The Customer shall at all times adhere to all applicable laws, rules, and regulations and to
Ripefruit then current Acceptable Use Policy (or such other location as Ripefruit may specify). In
particular the Customer may not utilise the Services:
| (a) |
in connection with any tortious or actionable activity;
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| (b) |
to publish or disseminate information that:
| (i) |
constitutes slander, libel or defamation; |
| (ii) |
publicises the personal information or likeness of a person without that person's
consent; or |
| (iii) |
otherwise violates the privacy rights of any person; or |
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| (c) |
to threaten persons with bodily harm, to make harassing or abusive statements or
messages, or to solicit the performance of acts or services that are illegal under applicable law;
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| (d) |
in connection with any disruptive or abusive activity;
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| (e) |
to cause denial of service attacks against Ripefruit or other network hosts or
Internet users or to otherwise degrade or impair the operation of Ripefruit servers and facilities
or the servers and facilities other network hosts or Internet users;
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| (f) |
to post messages or software programs that consume excessive CPU time or storage
space;
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| (g) |
to offer mail services, mail forwarding capabilities, POP accounts or
autoresponders other than for the Customer's own account;
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| (h) |
to subvert, or assist others in subverting, the security or integrity of any
Ripefruit system, facility or equipment;
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| (i) |
to gain unauthorised access to the computer networks of Ripefruit or any other
person;
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| (j) |
to provide passwords or access codes to persons not authorised to receive such
materials by the operator of the system requiring the password or access code;
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| (k) |
to:
| (i) |
forge the signature or other identifying mark or code of any other person; |
| (ii) |
impersonate or assume the identity of any other person; or |
| (iii) |
engage in any other activity (including 'spoofing') to attempt to deceive or
mislead other persons regarding the true identity of the Customer (excluding the use of anonymous
remailers or Internet nicknames);
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| (l) |
to conduct port scans or other invasive procedures against any server (except any
server for which the Customer is an authorised system administrator);
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| (m) |
to distribute, advertise or promote software or services that have the primary
purpose of encouraging or facilitating unsolicited commercial email or spam;
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| (n) |
in any manner that might subject Ripefruit to unfavourable regulatory action,
subject Ripefruit to any liability for any reason, or adversely affect Ripefruit public image,
reputation or goodwill, including, without limitation, sending or distributing sexually explicit,
hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by
Ripefruit in its sole discretion; or
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| (o) |
in any other manner to interrupt or interfere with the Internet usage of other
persons.
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ENFORCEMENT BY RIPEFRUIT
Ripefruit reserves the right, but does not assume the obligation, to investigate any violation of
this Policy or misuse of Ripefruit Systems. As described in the Hosting Agreement, Ripefruit
reserves the right and has absolute discretion to (a) enforce this Policy and the terms of the
Hosting Agreement and (b) remove or disable access, screen or edit any Customer Content that
violates these provisions or is otherwise objectionable.
Without limitation, Ripefruit also reserves the right to report any activity (including the
disclosure of appropriate Customer information) that it suspects violates any law or regulation to
appropriate law enforcement officials, regulators, or other appropriate third parties.
Ripefruit also may without limitation cooperate with appropriate law enforcement agencies to
assist in the investigation and prosecution of any illegal conduct or infringement of any third
party's legal rights by providing network and systems information related to allegedly illegal,
harmful, infringing or objectionable content.
Ripefruit reserves all rights to identify the Customer by its IP address to third parties within
the scope of the Privacy Act 1988 (Cth).
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