Hosting Acceptable Use Policy

  1. Acceptance
    1. The Customer signified acceptance of the Acceptable Use Policy upon signup to any SOHO Websites hosting service.
    2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
  2.  Unacceptable Content and Material
    1. The Customer may not publish, transmit, distribute or store any content or material on SOHO Website’s provided servers or network that SOHO Websites believes:
      1. Constitutes child pornography;
      2. Is excessively violent or incites, threatens or implies violence;
      3. Contains harassing content or hate speech;
      4. Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state;
      5. Is defamatory or violates a person’s privacy;
      6. Creates a risk to a person’s safety, health or security;
      7. Compromises national security or interferes with an investigation by any law enforcement agency;
      8. Improperly exposes trade secrets or any other confidential or proprietary information of another person or business;
      9. Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents;
      10. Clearly infringes on another person or businesses trade mark, patent or property;
      11. Promotes illegal drugs or violates import or export laws;
      12. Relates to illegal gambling or fire arms trafficking;
      13. Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to SOHO Websites;
      14. Is otherwise malicious, fraudulent, or may result in retaliation against SOHO Websites by offended viewers.
  3. Prohibited Use
    1. Web hosting Services may not be used for the following purposes:
      1. For storage of backup archives nor any data which is not directly related to and accessible through the website itself.
      2. For storage of email data exceeding 5GB in total per service; this total encompasses all email inboxes additional directories within the cPanel service including the default catchall email account.
    2. Services may not be used for any of the following activities:
      1. IRC scripts or bots;
      2. Proxy scripts or anonymous browsing utilities;
      3.  Image or file hosting scripts (similar to Photobucket, Rapidshare, etc);
      4. IP scanners;
      5. Pirated software or “warez” sites;
      6. Banner advertisement services;
      7. Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes);
      8. Hacker focussed sites, archives or programs;
      9. Sale of any controlled substance without having the appropriate permits;
      10. Sites promoting illegal activities;
      11.  Any game servers (such as Counter Strike, Half Life, etc);
      12. Any VoIP service primarily associated with game server communities (such as TeamSpeak);
      13. Any other purpose that SOHO Websites management have deemed as unacceptable
  4. Security
    1. The Customer acknowledges that they are solely responsible for what is hosted from and stored in the Service.
    2. The Customer agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities leading to your Service being compromised, defaced or destroyed.
    3. The Customer warrants that their Service usernames and passwords will be kept in a safe and secure location at all times, and that they will not use dictionary words or consecutive strings as a password.
    4. The Customer agrees to keep all file and folder permissions set correctly.
  5. Excessive Resource Usage
    1. Per CPU core limits apply to all web hosting Services, and are limited to:
      1. 40% utilisation, any website which exceeds these limits will automatically display an error message to visitors until resource usage falls below the assigned limits.
    2. For all web hosting Services, the Customer may not:
      1. Perform any task which unreasonably consumes server resources leading to degradation of the shared hosting server environment for other Customers;
      2. Perform any task which generates high IO Load;
      3. Consume large amounts of system memory;
      4. Consume greater than 250,000 inodes, where 1 file equals 1 inode;
      5. Execute a script which takes longer than 180 seconds to complete;
      6. Operate a script which does not close MySQL connections upon completion;
      7. Run any server-side or stand-alone processes or daemons;
      8. Run any bit torrent applications, trackers or clients;
      9. Run any web spiders of indexers;
      10. Run cron entries with intervals less than 15 minutes;
      11. Use PHP includes that call the full URL instead of a local file (eg. include(http://domainname.com/file.php) instead of using include(“file.php”));
      12. SOHO Websites reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge additional usage fees for excessive usage. SOHO Websites may make reasonable attempts to notify the Customer at the time of suspension, however, notification is not guaranteed and the Customer should ensure they are compliant with all policies.
    3. Backups
      1. The Customer warrants they will maintain a local or off-site backup of their Service
      2. SOHO Websites not be held liable for data loss under any circumstances and it is the Customers sole responsibility to ensure that they have a backup of all data at all times.
  6. Spam and Bulk Email
    1. The Customer warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam).
    2. The Customer may not use any purchased email list for individual or bulk email sending.
      1. SOHO Websites assigns a limit of 1,000 outbound emails per domain per hour. All email over the limit will be discarded.
    3. The Customer agrees that all mailing list applications, including but not limited to Mailman, will have no more than 4,000 individual email addresses per list per domain.
    4. The Customer warrants that all mailing lists used are “opt-in” by the recipient, and all recipients in the list have consented to being on the list.
    5. The Customer warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.
    6. The Customer warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003 (http://www.acma.gov.au/WEB/STANDARD/pc=PC_310322), the United States CAN-SPAM Act 2003 (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) and any other relevant Spam-related legislation that may be created or amended from time to time.
  7. Non-compliance and Remedy
    1. Any Service(s) that are found to be in breach of this policy that have caused issues and/or degradation of service for other Customers, will result in immediate suspension.
    2. SOHO Websites reserve the right to terminate the service immediately with no refund.
    3. The Customer will be solely liable for any fees or charges that are paid by SOHO Websites to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy
  8. Limitation of liability
    1. In no event shall SOHO Websites, its employees, contractors or any of their respective directors, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the delivery of services provided, including website services and/or hosting services and/or publication, logo and/or graphic design, email systems, advertising. This includes, without limitation, loss of revenue, or anticipated profits, or lost business, unrelated and/or indirect business expenses, business delays, loss of data and/or sales, or cost of substitute services, even if SOHO Websites or its representative or such individual has been advised of the possibility of such damages.
  9. Changes
    1. SOHO Websites may amend our Acceptable Use Policy at any time. Our current policy is available via our website.
    2. Changes to this agreement become effective upon their publication to our website, and furthermore, continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service(s).

This document was last updated on 1 June 2018.

Pin It on Pinterest

Share This