Knowledgebase

MEDIHOST
Acceptable Usage Policy
("AUP")

This AUP governs the use of MEDIHOST's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and MEDIHOST regarding the interpretation of this AUP, MEDIHOST's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please login to your members portal and submit a support ticket.

Table of Contents

• Offensive Content
• Online Game Servers
• Internet Relay Chat (IRC)
• Proxies
• Security
• Bulk Commercial E-Mail
• Unsolicited E-Mail
• Material Protected by Copyright
• Copyright Infringement Notice
• Other
• Disclaimer
• Internet Abuse

Offensive Content

You may not publish or transmit via MEDIHOST's service any content that MEDIHOST reasonably believes:

• constitutes child pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person's privacy;
• creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person's trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to MEDIHOST; or
• is otherwise malicious, fraudulent, or may result in retaliation against MEDIHOST by offended viewers.

Content "published or transmitted" via MEDIHOST's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by MEDIHOST.

Activities which are explicitly forbidden include but is not limited to the following:

• Online Game Servers
• Internet Relay Chat
• Proxy Servers
• Sites infringing on Copyright content, such as Illegal Warez sites
• Online Gambling sites
• Sites with illegal pornographic content
• Voice or Video on Demand services

Game Servers

Running Online Game Servers on any of our shared or dedicated servers is explicitly forbidden. We can provide online gaming services however; this does require a custom dedicated solution due to the nature of the resources and network traffic requirements.

Internet Relay Chat (IRC)

Use of Internet Relay Chat on any of our shared or dedicated servers is explicitly forbidden. This includes, but is not limited to, running any clients, bots, redirection services (proxy’s), or servers, of any kind. We can accommodate such services, but they are not allowed on our standard shared and/or dedicated servers.

Proxies

Proxy sites/scripts/programs, in any form, are not allowed on our shared servers. Very often, the software is simply not efficient in any manor, and causes service issues for any other sites on the server.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password and it is the client’s responsibility to always upgrade and secure any software used by the client to publish their web content.

Bulk Commercial E-Mail

You must obtain MEDIHOST's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to MEDIHOST's reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and MEDIHOST's requests to produce consent evidence within 72 hours of receipt of the request.
• The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@**yourdomain.com**."
• You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
• You must post an abuse@**yourdoman.com** e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your MEDIHOST service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your MEDIHOST service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

MEDIHOST may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail / SPAM

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your MEDIHOST's services.

SPAM-ZERO TOLERANCE

If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
MEDIHOST may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees!
This policy is to promote proper Internet etiquette

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• you are otherwise permitted by established state or country copyright laws to copy the work in that manner.

MEDIHOST will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the MEDIHOST network, please send your written notice of copyright infringement to:

Via Postal Mail

MEDIHOST
Abuse Department
PO Box 6119
WEST GOSFORD NSW 2250

AUSTRALIA
or via helpdesk

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MEDIHOST to locate the material;
• Information reasonably sufficient to permit MEDIHOST to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the MEDIHOST network.

You agree that when communicating with our staff, all communication will be void of profanity and/or abusive demeanour.

DISCLAIMER

MEDIHOST will not be responsible for any damages customers or their enterprises may suffer. MEDIHOST makes no warranties of any kind, expressed or implied for services we provide. MEDIHOST disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by MEDIHOST and its employees. MEDIHOST reserves the right to revise its policies at any time.

LIMITATION OF LIABILITY

In no event shall MEDIHOST be liable to customer for any damages resulting from, or related to, any failure or delay of MEDIHOST in providing access to the internet under this agreement. MEDIHOST makes no warranties of any kind, expressed or implied for services we provide. MEDIHOST disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall MEDIHOST be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if MEDIHOST has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in MEDIHOST services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. MEDIHOST's liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to MEDIHOST hereunder. MEDIHOST will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by MEDIHOST and its employees by its own negligence or customer’s errors or omissions. MEDIHOST reserves the right to revise its policies at any time.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behaviour, including:

• Unauthorized 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 (including those belonging to MEDIHOST and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization 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;
• Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the MEDIHOST's network and/or services.
• Use of MEDIHOST's network and/or systems in a way that unreasonably interferes with MEDIHOST's other customers use of the same resources.