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cceptable Use Policy
As a provider of web site hosting, and other Internet-related
services, Random Technologies offers its clients, and their
customers and users, the means to disseminate a wealth of
public, private, commercial, and non-commercial information.
Random Technologies respects that the Internet provides a
forum for free and open discussion and dissemination of information,
however, when there are competing interests at issue, Random
Technologies reserves the right to take certain preventative
or corrective actions. In order to protect these competing
interests, Random Technologies has developed an Acceptable
Use Policy ("AUP"), which supplements and explains
certain terms of each customer's respective service agreement
and is intended as a guide to the customer's rights and obligations
when utilizing Random Technologies’s services. This
AUP will be revised from time to time. A customer's use of
Random Technologies’s after changes to the AUP are posted
on Random Technologies’s web site, www.random.com.au,
will constitute the customer's acceptance of any new or additional
terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party
owns or controls it. This fact accounts for much of the Internet's
openness and value, but it also places a high premium on the
judgment and responsibility of those who use the Internet
to disseminate information to others.
When information is disseminated through the Internet, they
also must keep in mind that Random Technologies does not review,
edit, censor, or take responsibility for any information its
clients may create. When users place information on the Internet,
they have the same liability as other authors for copyright
infringement, defamation, and other harmful speech. Also,
because the information they create is carried over Random
Technologies’s network and may reach a large number
of people, including both clients and non-clients of Random
Technologies, clients' postings to the Internet may affect
other clients and may harm Random Technologies’s goodwill,
business reputation, and operations. For these reasons, clients
violate Random Technologies policy and the service agreement
when they, their customers, affiliates, or subsidiaries engage
in the following prohibited activities:
- Spamming
- Intellectual Property Violations
- Adult Material
- Defamatory or Abusive Language
- Forging of Headers
- Illegal or Unauthorized Access to Other Computers or
Networks
- Background Running Programs
- Distribution of Internet Viruses, Worms, Trojan Horses,
or Other Destructive Activities
- Facilitating a Violation of this AUP
- Export Control Violations
- Usenet Groups
- Other Illegal Activities
- Other Activities
Spamming
Sending unsolicited bulk and/or commercial messages over
the Internet (known as "spamming"). It is not only
harmful because of its negative impact on consumer attitudes
toward Random Technologies, but also because it can overload
Random Technologies's network and disrupt service to Random
Technologies clients. Also, maintaining an open SMTP relay
is prohibited. When a complaint is received, Random Technologies
has the discretion to determine from all of the evidence whether
the e-mail recipients were from an "opt-in" e-mail
list. Refer to our UCE/SPAM Policy for more information.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates
the intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy,
and patents held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity,
or other personal rights of others. Random Technologies is
required by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement.
It is also Random Technologies’s policy to terminate
the privileges of customers who commit repeat violations of
copyright laws.
Adult Material
Because the Internet is a global communication tool, and
we have clients from nearly every country in the world it
is difficult to dictate what is considered "adult material."
However, it is not our function to discriminate against those
who choose to utilize adult content or adult related material.
This being said, there are still several reasons why Random
Technologies has been forced to create its no adult sites
policy for its virtual server users.
What does Random Technologies consider "Adult Material?"
- Any site whose revenue is gained in part or whole from
its adult content.
- Photos or videos showing frontal nudity on either men
or women for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to sites who violate policy
#1.
Why does Random Technologies have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers
reside on each particular machine. This being said, consider
that an average "adult site" gets more hits than
100 standard websites. Some of the smaller adult sites get
around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if we
allowed these high traffic sites to also reside on our servers.
On top of that, we would be forced to raise our prices to
pay for the additional bandwidth. We strive to keep our servers
fast and inexpensive, and our bandwidth clear; therefore,
adult sites are not an option.
Random Technologies reserves the right to decide what it
considers "adult content", "adult material",
"sexually explicit", or "sexually related".
Let us know if you are unsure of the approval of your site
before placing an order.
Defamatory or Abusive Language
Using Random Technologies’s network as a means to transmit
or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts,
or networks belonging to another party, or attempting to penetrate
security measures of another individual's system (often known
as "hacking"). Also, any activity that might be
used as a precursor to an attempted system penetration (i.e.
port scan, stealth scan, or other information gathering activity).
Background Running Programs
Background Daemons in general are prohibited on Random Technologies
servers, including, but not limited to, IRC bots, eggdrop,
BitchX, XiRCON, warez sites and any other program that interferes
with normal server operation.
Random Technologies will be the sole arbiter of what constitues
a violation of the above policy.
Distribution of Internet Viruses, Worms, Trojan Horses,
or Other Destructive Activities
Distributing information regarding the creation of and sending
Internet viruses, worms, Trojan horses, pinging, flooding,
mailbombing, or denial of service attacks. Also, activities
that disrupt the use of or interfere with the ability of others
to effectively use the network or any connected network, system,
service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available
any software, program, product, or service that is designed
to violate this AUP, which includes the facilitation of the
means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise,
to points outside the United States.
Usenet Groups
Random Technologies reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal,
including advertising, transmitting, or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit
cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that
Random Technologies determines to be harmful to its clients,
operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
client. Random Technologies will not, as an ordinary practice,
monitor the communications of its client to ensure that they
comply with Random Technologies policy or applicable law.
When Random Technologies becomes aware of harmful activities,
however, it may take any action to stop the harmful activity,
including but not limited to, removing information, shutting
down a web site, implementing screening software designed
to block offending transmissions, denying access to the Internet,
or take any other action it deems appropriate.
Random Technologies also is concerned with the privacy of
on-line 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, Random Technologies urges its
clients to assume that all of their on-line communications
are insecure. Random Technologies cannot take any responsibility
for the security of information transmitted over Random Technologies’s
facilities.
Random Technologies will not intentionally monitor private
electronic mail messages sent or received by its clients unless
required to do so by law, governmental authority, or when
public safety is at stake. Random Technologies may, however,
monitor its service electronically to determine that its facilities
are operating satisfactorily. Also, Random Technologies may
disclose information, including but not limited to, information
concerning a client, a transmission made using our network,
or a web site, in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation,
or governmental request. Random Technologies assumes no obligation
to inform the client that client information has been provided
and in some cases may be prohibited by law from giving such
notice. Finally, Random Technologies may disclose client information
or information transmitted over its network where necessary
to protect Random Technologies and others from harm, or where
such disclosure is necessary to the proper operation of the
system.
We hope this AUP is helpful in clarifying the obligations
of Internet users, including Random Technologies and its clients,
as responsible members of the Internet. Any complaints about
a client's violation of this AUP should be sent to abuse@random.com.au
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