MYOB

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, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that MYOB Reseller Hosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because MYOB Reseller Hosting cannot monitor or censor the Internet, and will not attempt to do so, MYOB Reseller Hosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that MYOB Reseller Hosting does not review, edit, censor, or take responsibility for any information its subscribers 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 MYOB Reseller Hosting's network and may reach a large number of people, including both subscribers and nonsubscribers of MYOB Reseller Hosting, subscribers' postings to the Internet may affect other subscribers and may harm MYOB Reseller Hosting's goodwill, business reputation, and operations. For these reasons, subscribers violate MYOB Reseller Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited 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 MYOB Reseller Hosting, but also because it can overload MYOB Reseller Hosting's network and disrupt service to MYOB Reseller Hosting subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, MYOB Reseller Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list

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. MYOB Reseller Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also MYOB Reseller Hosting's policy to terminate the privileges of customers who commit repeat violations of copyright laws

Obscene Speech or Materials
Using MYOB Reseller Hosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. MYOB Reseller Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through MYOB Reseller Hosting's network

Defamatory or Abusive Language
Using MYOB Reseller Hosting'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)

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

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 MYOB Reseller Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations

System and Network Resource Usage
MYOB servers and networks are carefully maintained to provide optimum performance for serving web content on the Internet. Subscribers are expected to operate their accounts in such a manner that is not detrimental to system and network performance and stability. MYOB monitors its servers and networks closely, and failure to comply with the following conditions could result in termination of the subscriber's service and fees assessed against the subscriber:

1. Excessive System Utilization. CGI or PHP scripts utilizing a significant percentage of a server's system resources will, at MYOB's discretion, be terminated and/or prevented from running. It is the subscriber's responsibility to ensure their processes use a minimum of server resources.
   
   
2. Excessive Network Utilization. While subscribers are not allocated a certain amount of data transfers per month, subscribers using an excessive amount of bandwidth in a short period of time will, at MYOB's discretion, be throttled or have their site and/or account otherwise rendered unusable until the subscriber is able to rectify their usage.
   
   
3. Overuse of Scheduled Processes. Scheduled processes (such as cron jobs) can significantly drain server and network resources. MYOB reserves the right to stop any scheduled process from running or reduce the frequency of operation should it be found to be using more than a reasonable share of a server's resources.
   
   
4. Excessive Database Access. Database resources, such as MySQL, are closely monitored by MYOB Reseller Hosting. Overuse of database resources, including but not limited to excessive or mismanaged connections, long queries and missing or inappropriate indexing, may result in the database queries being terminated and/or the correlating script being stopped.
   
   
5. Sending Bulk Email. Sending unsolicited bulk email or spam, is prohibited by Australian Federal law. Sending solicited or opt-in bulk email is limited to 500 emails per hour from any one account. To facilitate this requirement, subscribers can request that a cron job be set up to batch process large email lists.

Resolution of System and Network Resource Usage Problems
All problems found by MYOB that are within the subscribers control and that breach any of the above conditions or other unforseen system or network abuse are the responsibility of the subscriber to fix. MYOB will make every attempt to notify the subscriber about such issues and the underlying reasons. MYOB may, from time to time, assist subscribers in researching and repairing the problem. This is done as a courtesy and does not imply that MYOB will take responsibility for fixing the problem. MYOB may, at its discretion, remove access to impacted services until the subscriber resolves the problem. MYOB reserves the right to remove access to any service or feature that it feels is being abused, knowingly or unknowingly, by the subscriber.

Summary
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. MYOB Business Web Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with MYOB Reseller Hosting policy or applicable law. When MYOB Reseller Hosting 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

MYOB Reseller Hosting also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching MYOB Reseller Hosting's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. MYOB Reseller Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. MYOB Reseller Hosting has the right to directly take action against a customer of a subscriber. Also, MYOB Reseller Hosting may take action against the MYOB Reseller Hosting subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, MYOB Business Web Hosting anticipates that subscribers who offer Internet services will cooperate with MYOB Reseller Hosting in any corrective or preventive action that MYOB Reseller Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of MYOB Reseller Hosting policy

MYOB Reseller Hosting 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, MYOB Reseller Hosting urges its subscribers to assume that all of their on-line communications are insecure. MYOB Reseller Hosting cannot take any responsibility for the security of information transmitted over MYOB Reseller Hosting's facilities

MYOB Reseller Hosting will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. MYOB Reseller Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, MYOB Reseller Hosting may disclose information, including but not limited to, information concerning a subscriber, 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. MYOB Business Web Hosting assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, MYOB Reseller Hosting may disclose subscriber information or information transmitted over its network where necessary to protect MYOB Reseller Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system

MYOB Reseller Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate MYOB Business Web Hosting policy. Finally, MYOB Reseller Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify MYOB Reseller Hosting for any violation of the service agreement, law, or MYOB Reseller Hosting policy, that results in loss to MYOB Reseller Hosting or the bringing of any claim against MYOB Reseller Hosting by any third-party. This means that if MYOB Business Web Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against MYOB Reseller Hosting, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including MYOB Reseller Hosting and its subscribers, as responsible members of the Internet.

As a provider of web site hosting, MYOB Reseller Hosting offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. MYOB Business Web Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, MYOB Reseller Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, MYOB Reseller Hosting 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 MYOB Reseller Hosting's services. This AUP will be revised from time to time. A customer's use of MYOB Business Web Hosting's services after changes to the AUP are posted on MYOB Reseller Hosting's web site, hosting.myob.com.au, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.