Acceptable Use Policy
WWW.ART Design Services ‘Acceptable Use Policy’ promotes the integrity, security and reliability of our services and ensure that you have due regard to the law and the needs of other users. You will be held responsible for your use and the users of your systems.
Your use of WWW.ART services constitutes your acceptance of this Policy. WWW.ART Design Services reserves the right to modify this policy at any time and post changes on our website only.
In this document, unless the context requires otherwise:
WWW.ART Design Services, WWW.ART, We, Our or Us refers to WWW.ART Design Services Pty Ltd [ACN 129 608 206]
Customer, You or Your refers to the person or legal entity using the service provided by WWW.ART
Service or Services refers to the provision of web hosting services by WWW.ARTDesign Services to the Customer
(a) commercial messages (including any offers, advertisements, promotions to supply goods, services, business or investment opportunities, or if purpose of the message is to assist or enable a person to dishonestly obtain a gain from another person);
(b) sent to recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them; and
(c) delivered via electronic means including email, discussion groups, fax, SMS, MMS and ICQ messages.
2. Acceptable Use
Use of WWW.ART’s services must:
2.1 Comply with all current laws and regulations, including but not limited to, regulations relating to copyright, license agreements and patents.
2.2 Comply with WWW.ART’s Terms and Conditions.
2.3 Comply with WWW.ART’s mail service limits, as specified with each hosting service offered by WWW.ART.
3.1 Unacceptable Use
By way of example, and not limitation, the following acts are expressly prohibited. The Services should not be used in any way which in the opinion of WWW.ART:
(a) Violates local, state, federal, or International Law;
(b) Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity.
(c) Is, or could reasonably be considered, deceptive or fraudulent practice.
(d) Infringes on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
(e) Are designed to violate this AUP, which includes the facilitation of the means to spam by Advertising, transmitting, or otherwise making available any software, program, product, or service, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
(f) Breaches, or has the potential to breach, the anti-Spam laws in place in Australia.
(g) Where the FROM or REPLY TO email address is managed by WWW.ART, or any such actions which WWW.ART deems to potentially compromise or adversely affect service standards.
(h) Promotes deceptive and or illegal marketing practices, products or services
(i) Deliberately transmits computer viruses, worms, trojan software, or other malicious programs.
(j) Interferes with, disrupts, or denies service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
(k) Attempts to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on someone else's site or network.
(l) Attempts to circumvent host or user authentication or other security measures of any host, network or account.
(m) Maintains an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
(n) Manipulate or bypass WWW.ART’s usage limits.
(o) Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you.
(p) Make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other customers.
(q) Undertake acts that waste resources or prevent other users from receiving the full benefit of our services.
3.2 The following acts are expressly prohibited in relation to WWW.ART’s mail services:
(a) Harassment including, but not limited to, language, frequency or size of messages.
(b) Unauthorized use, or forging, of mail header information.
(c) Solicitation of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.
(d) Creating or forwarding "chain letters" or other "schemes" of any type.
(e) Infringement of mail service restrictions as defined by your services stated limits.
(f) Undertake activities which cause or may cause third party service provides to place WWW.ART IP addresses on a blacklist and/or block those IP addresses.
4. Third Party Complaint Process
Complaints from customers or the public, can be forwarded to WWW.ART via email to firstname.lastname@example.org, where you believe there is a potential violation of this AUP. WWW.ART management will review all complaints as quickly as possible and take all necessary actions as deemed appropriate by WWW.ART.
5. Enforcement of AUP
5.1 If, in the opinion of WWW.ART, a Customer is found to be in breach of this AUP, WWW.ART reserves the right to:
5.2 You agree that you will have no claim against WWW.ART in respect of any action reasonably taken by WWW.ART in its implementation of these Policies and you Indemnify WWW.ART against any claim by a User arising out of the same.
(a) Filter, block, suspend and/or terminate access to the service at any time and without prior notice
(b) Notify and provide relevant information to authorities where it is deemed appropriate by WWW,ART.
(c) Delete any or all of your information, material, software or other content stored on our system at our sole discretion.