AUP

The Ecoda Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Ecoda expects of them while using the service. All users of Ecoda Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our

TOS(terms of Service) which can be found
here.

This document is intended to provide a basic understand of Ecoda’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Ecoda’s AUP:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

Ecoda intends to provide its customers access to everything the Internet has to offer. While the Ecoda is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Ecoda and the Internet and cannot be permitted under the guise of free speech. The resources of Ecoda and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilisation and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which Ecoda determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings,logos), executable programs, video recordings, and audio recordings.

If a Ecoda account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

All pornographic content and sex-related merchandising is prohibited on all Ecoda servers. This includes sites that may infer sexual content or links to adult content elsewhere. Ecoda will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Ecoda servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites

Ecoda will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising – Email

Spamming, or the sending of unsolicited email, from an Ecoda server or using an email address or domain that is maintained on an Ecoda server as reference is STRICTLY prohibited. Ecoda will be the sole arbiter as to what constitutes a violation of this provision. Sites that promote, sell, or otherwise provide access to spamware products or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any Ecoda server.

You understand that you may access both Ecoda and the Internet in general through the Service. You understand further that, except for information, products or services clearly identified as being supplied by Ecoda, neither Ecoda nor any of its affiliates operates or controls any information,products or services on the Internet in any way and that, except for such Ecoda identified information, products or services, all merchandise, information and services offered or made available or accessible through Ecoda or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Ecoda or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF Ecoda AND THE INTERNET. NEITHER Ecoda NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Ecoda OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH Ecoda OR ON THE INTERNET GENERALLY.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. Ecoda HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

No Service Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY Ecoda, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Ecoda NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL Ecoda, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

YOU MUST NOT SOLEY RELY ON OUR EMAIL SCANNING SERVICE FOR VIRUS OR SPAM FREE EMAILS, Ecoda RECOMMENDS USING ANTI-VIRUS SOFTWARE ON ANY PC CONNECTED TO THE INTERNET. Ecoda RESERVES THE RIGHT TO TEMPORARILY DISABLE ANY SERVICE OUTLINED IN OUR PLANS OR OTHERWISE THAT MAY CAUSE STRESS OR UNOPERABILITY OF OUR SERVERS.
If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Ecoda in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

Making Purchases On the Service.

If you wish to make purchases on the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Service for purposes of making purchases will be accurate, legitiment, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Service.

User Conduct On the Service

While using the Service, you may not:

• restrict or inhibit any other user from using and enjoying the Internet;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the Australian export control laws and regulations;
• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under Australian and International copyright laws.
• Illegal use: Ecoda’s services may not be used for illegal purposes, or in support of illegal activities. Ecoda reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

VIOLATIONS OF ECODA ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

Harm to minors: Use of the Ecoda service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography

Threats: Use of the Ecoda service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Ecoda service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Ecoda service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail: Unsolicited bulk e-mail(SPAM) Use of the Ecoda service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.Violations of this type will result in the immediate termination of the offending Ecoda account.

E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Ecoda account.

E-mail / Message Forging: Forging any message header,in part or whole, of any electronic transmission, originating or passing through the Ecoda service is in violation of this AUP.

Usenet SPAMing: Ecoda has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of the Ecoda service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Ecoda’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Ecoda account is subject to immediate termination.

Copyright or trademark infringement: Use of the Ecoda service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of the Ecoda service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: The Use of the Ecoda service for any activity which affects the ability of other people or systems to use Ecoda Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their websites and related scripts is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their website for illegal or inappropriate actions. A Subscriber may not permit their website, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Ecoda will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Ecoda services could result in suspension service.

Third Party Accountability: Ecoda subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within this document.

Violation Of Ecoda Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

IMPORTANT

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account.It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
• Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of othernetworks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host or network (“denial of service attacks”).This includes, but is not limited to, “flooding” of networks,deliberate attempts to overload a service, and attempts to “crash” a host.
• Users who violate systems or network security may incur criminal or civil liability. Ecoda will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

REPORTING VIOLATIONS OF Ecoda AUP

Ecoda requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse @ digitalpacific .com.au

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the AEST time zone.
• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Ecoda may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings
• Suspend the Member’s account
• Terminate the Member’s account
• Charge the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

Ecoda reserves the right to revise, amend,or modify this AUP, our TOS (Terms of Service)and our other policies and agreements at any time and in any manner.Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Ecoda has no obligation to monitor the Service. However, you agree that Ecoda has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Ecoda will not intentionally monitor or disclose any private electronic-mail message unless required by law. Ecoda reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Failure to Comply With Terms and Conditions

Ecoda may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Ecoda in its sole discretion believes violates any of the terms and conditions in this Agreement. If Ecoda denies you access to the Service because of such a violation, you shall have no right (1) to access through Ecoda any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through Ecoda, and Ecoda shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold Ecoda and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable lawyers’ fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Ecoda’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Ecoda may modify this Agreement from time to time by placing a notice of such modification in the “Terms and Conditions” area, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the “Terms and Conditions” area regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of NSW, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

This Agreement constitutes the entire agreement between you and Ecoda with respect to the Service.